Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698846471137.pdf (New Zealand)
Reprint as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Public Act Date of assent Commencement 1996 No 37 24 June 1996 see section 1(2) Contents Title Short Title and commencement Part 1 Preliminary Interpretation Act binds the Crown Purpose Extraterritorial application of Part 2 Part 2 Offences Chemical weapons Forfeiture of chemical weapons Riot control agents Schedule 1 toxic chemicals Page 3 3 3 4 4 4 5 5 6 6 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Foreign Affairs and Trade.
1 Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Imports and exports of toxic chemicals and precursors Application of Customs and Excise Act 1996 Part 3 Information and documents Purpose of this Part Supply of information Secretary may seek information False or misleading statements and documents Part 4 Inspections Purpose of this Part Access by international inspectors Verification of toxic chemicals Inspections Persons who may accompany international inspectors Ministerial directions Directions New Zealand assistance with inspections Appointment of New Zealand officials Identification certificates Enforcement Search warrants Use of force [Repealed] Obligations of persons accompanying international inspectors [Repealed] Obstruction of international inspectors Part 5 Miscellaneous provisions Confidentiality Self-incrimination Regulations Application to Tokelau Amendment to Diplomatic Privileges and Immunities Act Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Part 1 s 2 Schedule The Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction 15 An Act to implement in the law of New Zealand the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction 1 (1) (2) 2 (1) Short Title and commencement This Act may be cited as the Chemical Weapons (Prohibition) Act 1996.
This Act shall come into force on a date to be appointed by the Governor-General by Order in Council.

Section 1(2): Chemical Weapons (Prohibition) Act 1996 brought into force, on 29 April 1997, by the Chemical Weapons (Prohibition) Act Commencement Order 1997 (SR 1997/47).
Part 1 Preliminary Interpretation In this Act, unless the context otherwise requires,— Convention means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, done at Paris on 13 January 1993 (a copy of the English text of which is set out in the Schedule), and includes the Annexes to the Convention and any amendments to, or substitutions of, that Convention or the Annexes that are, or will become, binding on New Zealand from time to time international inspector means an individual designated by the Technical Secretariat according to the procedures as set forth in Part II, Section A, of the Verification Annex, to carry out an inspection or visit in accordance with the Convention, and includes any inspection assistant as defined in the Con- vention 3 Part 1 s 3 Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 (2) 3 4 (1) (2) 5 (1) Minister means the Minister of the Crown who, under the au- thority of any warrant or with the authority of the Prime Min- ister, is for the time being responsible for the administration of this Act Secretary means the Secretary of Foreign Affairs and Trade.
Terms and expressions used and not defined in this Act but defined in the Convention shall, unless the context otherwise requires, have the same meaning as in the Convention.

Act binds the Crown This Act binds the Crown.

Purpose The purpose of this Act is to implement New Zealand’s obli- gations under the Convention.

Every person exercising a power or discretion conferred under this Act must have regard to New Zealand’s obligations under the Convention.
Extraterritorial application of Part 2 The provisions of Part 2 extend to acts done or omitted to be done outside New Zealand— (a) by any New Zealand citizen or by any person ordinarily resident in New Zealand; or by any other person on board any New Zealand ship or New Zealand aircraft.
(b) (2) Notwithstanding anything in any other enactment, proceed- ings in respect of any contravention of Part 2 anywhere outside New Zealand shall not, by virtue only of the provisions of this Act, be instituted in any court except with the consent of the Attorney-General and on his or her certificate that it is expe- dient that the proceedings should be instituted.
(3) Notwithstanding subsection (2), a person may be arrested, or a warrant for a person’s arrest may be issued and executed, and the person may be remanded in custody or on bail, but no further or other proceedings shall be taken until the Attorney- General’s consent has been obtained.
Compare: 1960 No 47 s 3(3) 4 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Part 2 s 7 Part 2 Offences 6 (1) Chemical weapons Every person commits an offence who intentionally or reck- lessly— (a) develops, produces, otherwise acquires, stockpiles, or retains chemical weapons; or transfers, directly or indirectly, chemical weapons to another person; or uses chemical weapons; or engages in any military preparations to use chemical weapons; or assists, encourages, or induces, in any way, any per- son to engage in any activity prohibited to a State Party under the Convention,— (b) (c) (d) (e) and is liable on conviction to imprisonment for life or a fine not exceeding $1,000,000.
(2) Nothing in subsection (1) applies in respect of any seizure of chemical weapons by the Crown under the authority of this or any other Act.

(3) Nothing in subsection (1)(e) limits the provisions of Part 4 of the Crimes Act 1961.

Compare: Chemical Weapons (Prohibition) Act 1994 No 26 s 12 (Aust) Section 6(1): amended, on 1 July 2013, by section 413 of the Criminal Proced- ure Act 2011 (2011 No 81).
7 Forfeiture of chemical weapons If any chemical weapon is developed, produced, otherwise ac- quired, stockpiled, retained, or transferred in contravention of section 6, the weapon— (a) (b) may be seized without warrant by any officer of the is forfeit to the Crown; and (c) Crown; and shall be stored pending disposal, and disposed of, as the Minister thinks fit.
5 Part 2 s 8 Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Riot control agents Every person commits an offence who intentionally or reck- lessly uses riot control agents as a method of warfare, and is liable on conviction to imprisonment for life or a fine not ex- ceeding $1,000,000.

Section 8: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Schedule 1 toxic chemicals Every person commits an offence who intentionally or reck- lessly produces, acquires, retains, or uses any Schedule 1 chemical without the consent of the Secretary, and is liable on conviction to imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000.

In determining whether or not to give consent, the Secretary shall be guided by the provisions of Part VI of the Verification Annex.
Section 9(1): amended, on 1 July 2013, by section 413 of the Criminal Proced- ure Act 2011 (2011 No 81).

Imports and exports of toxic chemicals and precursors Except with the consent of the Secretary, the importation into New Zealand, and the exportation from New Zealand, of any toxic chemical or precursor listed in Schedules 1, 2, and 3 of the Annex on Chemicals is hereby prohibited.
In determining whether or not to give consent, the Secretary shall be guided by the restrictions on transfer set out in Parts VI to VIII of the Verification Annex.

Every person commits an offence who imports or exports any chemical or precursor in contravention of subsection (1), and is liable on conviction to imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000.

Section 10(3): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
Application of Customs and Excise Act 1996 All the provisions of the Customs and Excise Act 1996 that apply with respect to prohibited imports and prohibited exports (except the penalty for an offence against section 8 9 (1) (2) 10 (1) (2) (3) 11 6 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Part 3 s 13 209(1)(a) or (b) of that Act) shall extend and apply with respect to chemicals and precursors whose importation and exportation is prohibited by section 10 of this Act, in all respects as if the importation or exportation of the goods were prohibited under Part 5 of the Customs and Excise Act 1996.
Part 3 Information and documents 12 (1) Purpose of this Part The purpose of this Part is to ensure— (a) that toxic chemicals and their precursors are only de- veloped, produced, otherwise acquired, retained, trans- ferred, or used for purposes not prohibited under the Convention; and that the Secretary has knowledge of dealings with chemicals that facilitates the making of New Zealand’s periodic declarations under the Convention; and that New Zealand is otherwise able to fulfil its obliga- tions under the Convention.
(2) Any power under this Part may be exercised only for that pur- pose.
Supply of information 13 (1) Any person who produces, acquires, retains, transfers, or uses toxic chemicals or their precursors to which any provision of Parts VI to IX of the Verification Annex applies must— (a) notify the chemicals and, as the case may be, the facility to the Minister as soon as practicable after this section commences to apply to the chemicals or facility, by giv- ing written notice in a form approved by the Secretary, containing such information as is required by the form; and keep records in relation to the chemicals and the facility, and the purpose to which the chemicals are put; and prepare, from those records, periodic reports relating to the chemicals and the facility in a form approved by the Secretary; and (b) (c) (b) (c) 7 Part 3 s 14 Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 (d) send those periodic reports to the Secretary at intervals specified by the Minister or by regulation.
The records and reports under subsection (1)(b) to (d) must be sufficient to satisfy the Minister that the Convention and the provisions of this Act and any regulations made under this Act are being complied with.

Every person who refuses or fails, without reasonable excuse, to comply with subsection (1) commits an offence, and is liable on conviction to imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000.
Section 13(3): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

Secretary may seek information This section applies if the Secretary considers that any person is capable of giving information that is relevant to— (a) a declaration required to be given by New Zealand to the Organization under the Convention; or the implementation of the Convention or the enforce- ment of this Act.
(b) The Secretary may, by written notice given to a person, require the person to give such information to the Secretary,— (a) if the person is a natural person, by writing signed by the person; or if the person is a body corporate, by writing signed by an officer authorised to sign on behalf of the body cor- porate,— (b) within such reasonable period and in such manner as is speci- fied in the notice.
The Secretary may, by written notice given to a person, require the person to give to the Secretary particular documents, or documents of a particular kind, specified in the notice, within such reasonable period as is specified in the notice.
Every person who, without reasonable excuse, fails to comply with a notice under this section to the extent that the person is capable of complying with it commits an offence and is liable on conviction to imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000.
(2) (3) 14 (1) (2) (3) (4) 8 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Part 4 s 17 (5) 15 16 The power of the Secretary under this section to require a per- son to give information or documents to the Secretary is in addition to any obligation to give information or documents that the person may have under section 13.
Compare: Chemical Weapons (Prohibition) Act 1994 No 26 s 31 (Aust) Section 14(4): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
False or misleading statements and documents Every person commits an offence who, in any document pre- pared pursuant to this Part, makes a statement or omits any matter knowing that, or being reckless as to whether, the state- ment or omission makes the document false or misleading in a material particular, and is liable on conviction to imprison- ment for a term not exceeding 1 year or a fine not exceeding $100,000.
Section 15: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Part 4 Inspections Purpose of this Part The purpose of this Part is to facilitate inspections under the Convention by— (a) confirming the right of international inspectors to in- spect facilities and other places in New Zealand in ac- cordance with the Convention and any facility agree- ment; and enabling New Zealand officers to secure access for any international inspector where consent cannot be obtained; and enabling New Zealand officers to accompany or assist any international inspector.
(b) (c) Access by international inspectors 17 Verification of toxic chemicals All toxic chemicals and their precursors listed in Schedules 1, 2, and 3 of the Annex on Chemicals, facilities related to 9 Part 4 s 18 Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 such chemicals, and other facilities and places as specified in the Verification Annex, are hereby declared to be subject to verification measures as provided in the Convention.
18 19 Inspections Every person must permit an international inspector to— (a) enter any place in New Zealand— (i) (ii) (iii) in respect of which any provision of Parts VI to IX of the Verification Annex applies; or that is subject to an on-site challenge inspection referred to in paragraph 8 of Article IX of the Convention; or in respect of which an investigation under para- graph 9 of Article X of the Convention has been initiated; and (b) (c) inspect the place pursuant to the Convention and, in the case of any facility, any applicable facility agreement; and exercise, in connection with the inspection, any func- tion contemplated, and exercise any power provided for, in the Convention and, in the case of any facility, any applicable facility agreement.
Persons who may accompany international inspectors In order to facilitate inspections, an international inspector may be accompanied by— (a) an observer for the purposes of giving effect to para- graph 12 of Article IX of the Convention: any person appointed by the Minister under section 21: any constable.

(b) (c) Section 19(c): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Directions 20 Ministerial directions (1) The Minister may, by notice in writing, issue directions to any person for the purpose of facilitating any inspection under the Convention.

10 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Part 4 s 23 (2) 21 22 Every person commits an offence who wilfully fails to comply with any direction given by the Minister under this section, and is liable on conviction to a fine not exceeding $100,000.
Section 20(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

New Zealand assistance with inspections Appointment of New Zealand officials The Minister may appoint any person to accompany or assist any international inspector.

Identification certificates The Minister may issue a certificate identifying any inter- national inspector or other person authorised to accompany or assist any international inspector.
Enforcement Search warrants 23 (1) Any constable, or other person appointed under section 21, may apply for a search warrant where the consent of the person who is in control of any place cannot be obtained.
Subject to subsection (3), an issuing officer (within the mean- ing of section 3 of the Search and Surveillance Act 2012), who is satisfied that there are reasonable grounds for believing that— (a) (2) a place referred to in section 18 meets the conditions for entry described in that section; and entry to the place is necessary for the purpose of exercis- ing any function contemplated, or any power provided for, in the Convention or any applicable facility agree- ment; and the consent of the person who is in control of the place cannot be obtained,— (b) (c) may issue a warrant authorising the entry of the place by the international inspector (and any person authorised to accom- pany the international inspector), for the purpose of exercising any function contemplated, or any power provided for, in the Convention or any applicable facility agreement.
11 Part 4 s 24 Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 (3) The person applying for a warrant under subsection (2)— (a) must first make reasonable inquiries as to whether any other applications for such a warrant have been made in respect of the place concerned, and (if so) the following matters: (i) the offence or offences (if any) alleged in respect of each application; and the results of each application; and (b) must disclose on the application for the warrant the re- (ii) sults of the inquiries.
(4) Subject to subsection (3), the provisions of subparts 3 and 4 of Part 4 of the Search and Surveillance Act 2012 apply.

Section 23(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 23(2): amended, on 1 October 2012, by section 312(2)(a) of the Search and Surveillance Act 2012 (2012 No 24).

Section 23(2): amended, on 1 October 2012, by section 312(2)(b) of the Search and Surveillance Act 2012 (2012 No 24).
Section 23(4): inserted, on 1 October 2012, by section 312(3) of the Search and Surveillance Act 2012 (2012 No 24).

Use of force [Repealed] Section 24: repealed, on 1 October 2012, by section 312(4) of the Search and Surveillance Act 2012 (2012 No 24).

Obligations of persons accompanying international inspectors [Repealed] Section 25: repealed, on 1 October 2012, by section 312(4) of the Search and Surveillance Act 2012 (2012 No 24).
Obstruction of international inspectors Every person commits an offence, and is liable on conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding $20,000, who wilfully obstructs, hinders, re- sists, or deceives any international inspector who is exercising in New Zealand any function contemplated, or any power pro- vided for, in the Convention.
24 25 26 (1) 12 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Part 5 s 29 (2) Nothing in this section applies to a refusal to give consent to entry by an international inspector who is not acting pursuant to a search warrant.

Section 26(1): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
Part 5 Miscellaneous provisions 27 (1) (2) (3) Confidentiality Every person must keep confidential any information that is given pursuant to this Act or the Convention concerning the affairs of another person.

Such information may be disclosed only with the consent of the person to whose affairs it relates or for the purpose of— (a) enabling New Zealand to fulfil its obligations under the Convention; or the enforcement of this Act; or dealing with an emergency involving public safety.
(b) (c) Every person who contravenes this section commits an of- fence, and is liable on conviction to imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000.

Section 27(3): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
Self-incrimination 28 (1) A person is not excused from answering a question or giving any information or document under this Act or the Convention on the ground that to do so may incriminate or tend to incrim- inate that person.

(2) A self-incriminating statement made or given under this Act or the Convention is not admissible as evidence in criminal proceedings against that person except on a charge of perjury in relation to that statement.
Compare: 1993 No 105 s 267 29 (1) Regulations The Governor-General may from time to time, by Order in Council, make regulations— 13 Part 5 s 30 Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 (a) (b) (c) providing for any matter that is necessary or desirable for the purpose of implementing the Convention or any agreement that is concluded between New Zealand and the Organization pursuant to the Convention: prescribing offences in respect of the contravention of or non-compliance with any provision of any regula- tions made under this section, and prescribing fines, not exceeding $5,000, that may, on conviction, be imposed in respect of any such offence: providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
(2) The Governor-General may from time to time, by Order in Council,— (a) amend the Schedule by making such amendments to the text of the Convention set out in that schedule as are required to bring that text up to date: revoke the Schedule, and substitute a new schedule set- ting out in an up-to-date form the text of the Convention set out in that schedule.

(b) (3) Any order made under subsection (2) shall be deemed to be a regulation for the purpose of the Regulations (Disallowance) Act 1989.
Compare: 1968 No 36 s 10A; 1987 No 86 s 26; 1994 No 119 s 55(2), (3) Section 29(1)(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Application to Tokelau The Governor-General may, by Order in Council, bring this Act into force in Tokelau with such modifications as may be necessary.

Amendment to Diplomatic Privileges and Immunities Act 1968 Amendment(s) incorporated in the Act(s).
30 31 14 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Schedule Schedule The Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction s 2(1) Contents [This table is not part of the Convention and is included for convenience] Preamble General obligations Definitions and criteria Declarations Chemical weapons Chemical weapons production facilities Activities not prohibited under this Convention National implementation measures The Organization Consultations, cooperation and fact-finding Assistance and protection against chemical weapons Economic and technological development Measures to redress a situation and to ensure compliance, including sanctions Relation to other international agreements Settlement of disputes Amendments Duration and withdrawal Status of the Annexes Signature Ratification Accession Entry into force Reservations Depositary Page 16 17 18 22 25 28 31 33 35 47 54 57 58 59 59 60 62 63 63 63 63 63 64 64 15 Preamble Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 24 Authentic texts Annex on Chemicals Verification Annex Confidentiality Annex 64 65 71 198 Preamble The States Parties to this Convention, Determined to act with a view to achieving effective progress towards general and complete disarmament under strict and effective international control, including the prohibition and elimination of all types of weapons of mass
 destruction, Desiring to contribute to the realization of the purposes and principles of the Charter of the United Nations, Recalling that the General Assembly of the United Nations has repeatedly condemned all actions contrary to the principles and objectives of the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bac- teriological Methods of Warfare, signed at Geneva on 17 June 1925 (the Geneva Protocol of 1925), Recognizing that this Convention reaffirms
 principles and ob- jectives of and obligations assumed under the Geneva Protocol of 1925, and the Convention on the Prohibition of the Devel- opment, Production and Stockpiling of Bacteriological (Bio- logical) and Toxin Weapons and on their Destruction signed at London, Moscow and Washington on 10 April 1972, Bearing in mind the objective contained in Article IX of the Convention on the Prohibition of the Development, Produc- tion and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, Determined for the sake of all mankind, to exclude completely the possibility of the use of chemical weapons, through the implementation of the provisions of this Convention, thereby complementing the obligations assumed under the Geneva Protocol of 1925, Recognizing the prohibition, embodied in the pertinent agree- ments and relevant principles of international law, of the use of herbicides as a method of warfare, 16 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Schedule Considering that achievements in the field of chemistry should be used exclusively for the benefit of mankind, Desiring to promote free trade in chemicals as well as inter- national cooperation and exchange of scientific and technical information in the field of chemical activities for purposes not prohibited under this Convention in order to enhance the eco- nomic and technological development of all States Parties, Convinced that the complete and effective prohibition of the development, production, acquisition, stockpiling, retention, transfer and use of chemical weapons, and their destruction, represent a necessary step towards the achievement of these common objectives, Have agreed as follows: Article I General obligations 1.
2.

3.

4.

Each State Party to this Convention undertakes never under any circumstances: (a) to develop, produce, otherwise acquire, stockpile or retain chemical weapons, or transfer, directly or indi- rectly, chemical weapons to anyone; to use chemical weapons; to engage in any military preparations to use chemical weapons; to assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a State Party under this Convention.
(b) (c) (d) Each State Party undertakes to destroy chemical weapons it owns or possesses, or that are located in any place under its jurisdiction or control, in accordance with the provisions of this Convention.

Each State Party undertakes to destroy all chemical weapons it abandoned on the territory of another State Party, in accord- ance with the provisions of this Convention.
Each State Party undertakes to destroy any chemical weapons production facilities it owns or possesses, or that are located in any place under its jurisdiction or control, in accordance with the provisions of this Convention.

17 Schedule Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Article I—continued 5.

Each State Party undertakes not to use riot control agents as a method of warfare.

Article II Definitions and criteria For the purposes of this Convention: 1.
“Chemical Weapons” means the following, together or separ- ately: (a) toxic chemicals and their precursors, except where in- tended for purposes not prohibited under this Conven- tion, 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 subparagraph (a), which would be released as a result of the employment of such munitions and devices; any equipment specifically designed for use directly in connection with the employment of munitions and de- vices specified in subparagraph (b).
(c) “Toxic Chemical” means: Any chemical which through its chemical action on life pro- cesses can cause death, temporary incapacitation or permanent harm to humans or animals.

This includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in muni- tions or elsewhere.
(For the purpose of implementing this Convention, toxic chemicals which have been identified for the application of verification measures are listed in Schedules contained in the Annex on Chemicals.)

“Precursor” means: Any chemical reactant which takes part at any stage in the pro- duction by whatever method of a toxic chemical.

This includes any key component of a binary or multicomponent chemical system.

2.

3.
2.

3.

18 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Schedule Article II—continued 4.

5.

6.

7.

8.

(For the purpose of implementing this Convention, precursors which have been identified for the application of verification measures are listed in Schedules contained in the Annex on Chemicals.)
“Key Component of Binary or Multicomponent Chemical Systems” (hereinafter referred to as “key component”) means: The precursor which plays the most important role in deter- mining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system.
“Old Chemical Weapons” means: (a) Chemical weapons which were produced before 1925; or Chemical weapons produced in the period between 1925 and 1946 that have deteriorated to such extent that they can no longer be used as chemical weapons.

(b) “Abandoned Chemical Weapons” means: Chemical weapons, including old chemical weapons, aban- doned by a State after 1 January 1925 on the territory of an- other State without the consent of the latter.
“Riot Control Agent” means: Any chemical not listed in a Schedule, which can produce rapidly in humans sensory irritation or disabling physical ef- fects which disappear within a short time following termin- ation of exposure.
“Chemical Weapons Production Facility”: (a) Means any equipment, as well as any building housing such equipment, that was designed, constructed or used at any time since 1 January 1946: (i) As part of the stage in the production of chem- icals (“final technological stage”) where the ma- terial flows would contain, when the equipment is in operation: (1) Any chemical listed in Schedule 1 in the Annex on Chemicals; or 19 Schedule Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Article II—continued (2) Any other chemical that has no use, above 1 tonne per year on the territory of a State Party or in any other place under the juris- diction or control of a State Party, for pur- poses not prohibited under this Conven- tion, but can be used for chemical weapons purposes; (ii) or For filling chemical weapons, including, inter alia, the filling of chemicals listed in Schedule 1 into munitions, devices or bulk storage con- tainers; the filling of chemicals into containers that form part of assembled binary munitions and devices or into chemical submunitions that form part of assembled unitary munitions and devices, and the loading of the containers and chemical submunitions into the respective munitions and devices; (b) Does not mean: (i) Any facility having a production capacity for synthesis of chemicals specified in subparagraph (a)(i) that is less than 1 tonne; (ii) Any facility in which a chemical specified in sub- paragraph (a)(i) is or was produced as an un- avoidable by-product of activities for purposes not prohibited under this Convention, provided that the chemical does not exceed 3 per cent of the total product and that the facility is subject to declaration and inspection under the Annex on Implementation and Verification (hereinafter re- ferred to as “Verification Annex”); or (iii) The single small-scale facility for production of chemicals listed in Schedule 1 for purposes not prohibited under this Convention as referred to in Part VI of the Verification Annex.
9.
“Purposes Not Prohibited Under this Convention” means: 20 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Schedule Article II—continued (a) (b) Industrial, agricultural, research, medical, pharmaceut- ical or other peaceful purposes; Protective purposes, namely those purposes directly re- lated to protection against toxic chemicals and to pro- tection against chemical weapons; (c) Military purposes not connected with the use of chem- ical weapons and not dependent on the use of the toxic properties of chemical as a method of warfare; Law enforcement including domestic riot control pur- poses.
(d) 10.

11.

12.

“Production Capacity” means: The annual quantitative potential for manufacturing a specific chemical based on the technological process actually used or, if the process is not yet operational, planned to be used at the relevant facility.

It shall be deemed to be equal to the name- plate capacity or, if the nameplate capacity is not available, to the design capacity.
The nameplate capacity is the product out- put under conditions optimized for maximum quantity for the production facility, as demonstrated by one or more test-runs.

The design capacity is the corresponding theoretically calcu- lated product output.

“Organization” means the Organization for the Prohibition of Chemical Weapons established pursuant to Article VIII of this Convention.
For the purposes of Article VI: (a) “Production” of a chemical means its formation through chemical reaction; “Processing” of a chemical means a physical process, such as formulation, extraction and purification, in which a chemical is not converted into another chem- ical; “Consumption” of a chemical means its conversion into another chemical via a chemical reaction.

(b) (c) 21 Schedule Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Article III Declarations 1.
Each State Party shall submit to the Organization, not later than 30 days after this Convention enters into force for it, the following declarations, in which it shall: (a) With respect to chemical weapons: (i) (ii) Declare whether it owns or possesses any chem- ical weapons, or whether there are any chemical weapons located in any place under its jurisdic- tion or control; Specify the precise location, aggregate quantity and detailed inventory of chemical weapons it owns or possesses, or that are located in any place under its jurisdiction or control, in accordance with Part IV(A), paragraphs 1 to 3, of the Verifi- cation Annex, except for those chemical weapons referred to in subsubparagraph (iii); (iii) Report any chemical weapons on its territory that are owned and possessed by another State and lo- cated in any place under the jurisdiction or con- trol of another State, in accordance with Part IV(A), paragraph 4, of the Verification Annex; (iv) Declare whether it has transferred or received, di- rectly or indirectly, any chemical weapons since 1 January 1946 and specify the transfer or receipt of such weapons, in accordance with Part IV(A), paragraph 5, of the Verification Annex; Provide its general plan for destruction of chem- ical weapons that it owns or possesses, or that are located in any place under its jurisdiction or con- trol, in accordance with Part IV(A), paragraph 6, of the Verification Annex; (v) (b) With respect to old chemical weapons and abandoned chemical weapons: (i) Declare whether it has on its territory old chem- ical weapons and provide all available informa- tion in accordance with Part IV(B), paragraph 3, of the Verification Annex; 22 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Schedule Article III—continued (ii) Declare whether there are abandoned chemical weapons on its territory and provide all available information in accordance with Part IV(B), para- graph 8, of the Verification Annex; (iii) Declare whether it has abandoned chemical weapons on the
 territory of other States and provide all available information in accordance with Part IV(B), paragraph 10, of the Verification Annex; (i) (ii) (c) With respect to chemical weapons production facilities: Declare whether it has or has had any chemical weapons production facility under its ownership or possession, or that is or has been located in any place under its jurisdiction or control at any time since 1 January 1946; Specify any chemical weapons production facil- ity it has or has had under its ownership or pos- session or that is or has been located in any place under its jurisdiction or control at any time since 1 January 1946, in accordance with Part V, para- graph 1, of the Verification Annex, except for those facilities referred to in subparagraph (iii); (iii) Report any chemical weapons production facility on its territory that another State has or has had under its ownership and possession and that is or has been located in any place under the jurisdic- tion or control of another State at any time since 1 January 1946, in accordance with Part V, para- graph 2, of the Verification Annex; (iv) Declare whether it has transferred or received, di- rectly or indirectly, any equipment for the pro- duction of chemical weapons since 1 January 1946 and specify the transfer or receipt of such equipment, in accordance with Part V, paragraphs 3 to 5, of the Verification Annex; Provide its general plan for destruction of any chemical weapons production facility it owns or possesses, or that is located in any place under its (v) 23 Schedule Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Article III—continued (vi) jurisdiction or control, in accordance with Part V, paragraph 6, of the Verification Annex; Specify actions to be taken for closure of any chemical weapons production facility it owns or possesses, or that is located in any place under its jurisdiction or control, in accordance with Part V, paragraph 1(i), of the Verification Annex;
 (vii) Provide its general plan for any temporary con- version of any chemical weapons production fa- cility it owns or possesses, or that is located in any place under its jurisdiction on control, into a chemical weapons destruction facility, in accord- ance with Part V, paragraph 7, of the Verification Annex; (d) With respect to other facilities: Specify the precise location, nature and general scope of activities of any facility or establishment under its ownership or possession, or located in any place under its jurisdiction or control, and that has been designed, constructed or used since 1 January 1946 primarily for development of chemical weapons.
Such declaration shall include, inter alia, laboratories and test and evalu- ation sites; (e) With respect to riot control agents: Specify the chemical name, structural formula and Chemical Abstracts Ser- vice (CAS) registry number, if assigned, of each chem- ical it holds for riot control purposes.

This declaration shall be updated not later than 30 days after any change becomes effective.
The provisions of this Article and the relevant provisions of Part IV of the Verification Annex shall not, at the discretion of a State Party, apply to chemical weapons buried on its territory before 1 January 1977 and which remain buried, or which had been dumped at sea before 1 January 1985.

2.

24 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Schedule 1.

2.

3.

4.

5.

6.

7.


Article IV Chemical weapons The provisions of this Article and the detailed procedures for its implementation shall apply to all chemical weapons owned or possessed by a State Party, or that are located in any place under its jurisdiction or control, except old chemical weapons and abandoned chemical weapons to which Part IV(B) of the Verification Annex applies.

Detailed procedures for the implementation of this Article are set forth in the Verification Annex.
All locations at which chemical weapons specified in para- graph 1 are stored or destroyed shall be subject to systematic verification through on-site inspection and monitoring with on-site instruments, in accordance with Part IV(A) of the Veri- fication Annex.
Each State Party shall, immediately after the declaration under Article III, paragraph 1(a), has been submitted, provide access to chemical weapons specified in paragraph 1 for the purpose of systematic verification of the declaration through on-site in- spection.

Thereafter, each State Party shall not remove any of these chemical weapons, except to a chemical weapons de- It shall provide access to such chemical struction facility.

weapons, for the purpose of systematic on-site verification.
Each State Party shall provide access to any chemical weapons destruction facilities and their storage areas, that it owns or possesses, or that are located in any place under its jurisdiction or control, for the purpose of systematic verification through on-site inspection and monitoring with on-site instruments.
Each State Party shall destroy all chemical weapons speci- fied in paragraph 1 pursuant to the Verification Annex and in accordance with the agreed rate and sequence of destruction (hereinafter referred to as “order of destruction”).

Such de- struction shall begin not later than two years after this Con- vention enters into force for it and shall finish not later than 10 years after entry into force of this Convention.

A State Party is not precluded from destroying such chemical weapons at a faster rate.
Each State Party shall: 25 Schedule Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Article IV—continued (a) (b) (c) Submit detailed plans for the destruction of chemical weapons specified in paragraph 1 not later than 60 days before each annual destruction period begins, in accord- ance with Part IV(A), paragraph 29, of the Verification Annex; the detailed plans shall encompass all stocks to be destroyed during the next annual destruction period; Submit declarations annually regarding the implemen- tation of its plans for destruction of chemical weapons specified in paragraph 1, not later than 60 days after the end of each annual destruction period; and Certify, not later than 30 days after the destruction process has been completed, that all chemical weapons specified in paragraph 1 have been destroyed.
If a State ratifies or accedes to this Convention after the 10-year period for destruction set forth in paragraph 6, it shall destroy chemical weapons specified in paragraph 1 as soon as possible.

The order of destruction and procedures for strin- gent verification for such a State Party shall be determined by the Executive Council.
Any chemical weapons discovered by a State Party after the initial declaration of chemical weapons shall be reported, se- cured and destroyed in accordance with Part IV(A) of the Veri- fication Annex.

Each State Party, during transportation, sampling, storage and destruction of chemical weapons, shall assign the highest pri- ority to ensuring the safety of people and to protecting the environment.
Each State Party shall transport, sample, store and destroy chemical weapons in accordance with its national standards for safety and emissions.

8.

9.

10.

11.
8.

9.

10.

11.

Any State Party which has on its territory chemical weapons that are owned or possessed by another State, or that are lo- cated in any place under the jurisdiction or control of another State, shall make the fullest efforts to ensure that these chem- ical weapons are removed from its territory not later than one year after this Convention enters into force for it.
If they are not removed within one year, the State Party may request the 26 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Schedule Article IV—continued 12.

13.

Organization and other States Parties to provide assistance in the destruction of these chemical weapons.
Each State Party undertakes to cooperate with other States Par- ties that request information or assistance on a bilateral basis or through the Technical Secretariat regarding methods and technologies for the safe and efficient destruction of chemical weapons.
In carrying out verification activities pursuant to this Article and Part IV(A) of the Verification Annex, the Organization shall consider measures to avoid unnecessary duplication of bilateral or multilateral agreements on verification of chemical weapons storage and their destruction among States Parties.
To this end, the Executive Council shall decide to limit veri- fication to measures complementary to those undertaken pur- suant to such a bilateral or multilateral agreement, if it consid- ers that: (a) Verification provisions of such an agreement are consis- tent with the verification provisions of this Article and Part IV(A) of the Verification Annex; Implementation of such an agreement provides for suf- ficient assurance of compliance with the relevant provi- sions of this Convention; and Parties to the bilateral or multilateral agreement keep the Organization fully informed about their verification activities.
(b) (c) 14.

If the Executive Council takes a decision pursuant to para- graph 13, the Organization shall have the right to monitor the implementation of the bilateral or multilateral agreement.

15.

Nothing in paragraphs 13 and 14 shall affect the obligation of a State Party to provide declarations pursuant to Article III, this Article and Part IV(A) of the Verification Annex.

Each State Party shall meet the costs of destruction of chem- ical weapons it is obliged to destroy.
It shall also meet the costs of verification of storage and destruction of these chem- ical weapons unless the Executive Council decides otherwise.

If the Executive Council decides to limit verification meas- ures of the Organization pursuant to paragraph 13, the costs of 16.
27 Schedule Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Article IV—continued 17. complementary verification and monitoring by the Organiza- tion shall be paid in accordance with the United Nations scale of assessment, as specified in Article VIII, paragraph 7.
The provisions of this Article and the relevant provisions of Part IV of the Verification Annex shall not, at the discretion of a State Party, apply to chemical weapons buried on its territory before 1 January 1977 and which remain buried, or which had been dumped at sea before 1 January 1985.
Article V Chemical weapons production facilities The provisions of this Article and the detailed procedures for its implementation shall apply to any and all chemical weapons production facilities owned or possessed by a State Party, or that are located in any place under its jurisdiction or control.

Detailed procedures for the implementation of this Article are set forth in the Verification Annex.
All chemical weapons production facilities specified in para- graph 1 shall be subject to systematic verification through on-site inspection and monitoring with on-site instruments in accordance with Part V of the Verification Annex.

Each State Party shall cease immediately all activity at chem- ical weapons production facilities specified in paragraph 1, ex- cept activity required for closure.
No State Party shall construct any new chemical weapons pro- duction facilities or modify any existing facilities for the pur- pose of chemical weapons production or for any other activity prohibited under this Convention.
Each State Party shall, immediately after the declaration under Article III, paragraph 1(c), has been submitted, provide access to chemical weapons production facilities specified in para- graph 1, for the purpose of systematic verification of the dec- laration through on-site inspection.

Each State Party shall: 1.

2.

3.

4.

5.

6.

7.
28 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Schedule Article V—continued (a) (b) Close, not later than 90 days after this Convention enters into force for it, all chemical weapons production facil- ities specified in paragraph 1, in accordance with Part V of the Verification Annex, and give notice thereof; and Provide access to chemical weapons production facil- ities specified in paragraph 1, subsequent to closure, for the purpose of systematic verification through on-site inspection and monitoring with on-site instruments in order to ensure that the facility remains closed and is subsequently destroyed.
8.

9.

Each State Party shall destroy all chemical weapons produc- tion facilities specified in paragraph 1 and related facilities and equipment, pursuant to the Verification Annex and in accord- ance with an agreed rate and sequence of destruction (here- inafter referred to as “order of destruction”).

Such destruction shall begin not later than one year after this Convention enters into force for it, and shall finish not later than 10 years after entry into force of this Convention.
A State Party is not pre- cluded from destroying such facilities at a faster rate.
Each State Party shall: (a) Submit detailed plans for destruction of chemical weapons production facilities specified in paragraph 1, not later than 180 days before the destruction of each facility begins; Submit declarations annually regarding the implemen- tation of its plans for the destruction of all chemical weapons production facilities specified in paragraph 1, not later than 90 days after the end of each annual de- struction period; and Certify, not later than 30 days after the destruction process has been completed, that all chemical weapons production facilities specified in paragraph 1 have been destroyed.
(b) (c) 10.

If a State ratifies or accedes to this Convention after the 10-year period for destruction set forth in paragraph 8, it shall destroy chemical weapons production facilities specified in paragraph 1 as soon as possible.

The order of destruction and 29 Schedule Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Article V—continued 11.

12. procedures for stringent verification for such a State Party shall be determined by the Executive Council.
Each State Party, during the destruction of chemical weapons production facilities, shall assign the highest priority to en- suring the safety of people and to protecting the environment.

Each State Party shall destroy chemical weapons production facilities in accordance with its national standards for safety and emissions.
Chemical weapons production facilities specified in paragraph 1 may be temporarily converted for destruction of chemical weapons in accordance with Part V, paragraphs 18 to 25, of the Verification Annex.

Such a converted facility must be de- stroyed as soon as it is no longer in use for destruction of chem- ical weapons but, in any case, not later than 10 years after entry into force of this Convention.

13.
13.

A State Party may request, in exceptional cases of compelling need, permission to use a chemical weapons production facil- ity specified in paragraph 1 for purposes not prohibited under this Convention.

Upon the recommendation of the Execu- tive Council, the Conference of the States Parties shall decide whether or not to approve the request and shall establish the conditions upon which approval is contingent in accordance with Part V, Section D, of the Verification Annex.
The chemical weapons production facility shall be converted in such a manner that the converted facility is not more cap- able of being reconverted into a chemical weapons production facility than any other facility used for industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes not involving chemicals listed in Schedule 1.

14.

15.
14.

15.

All converted facilities shall be subject to systematic verifi- cation through on-site inspection and monitoring with on-site instruments in accordance with Part V, Section D, of the Veri- fication Annex.

In carrying out verification activities pursuant to this Article and Part V of the Verification Annex, the Organization shall consider measures to avoid unnecessary duplication of bilat- eral or multilateral agreements on verification of chemical 16.
30 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Schedule Article V—continued weapons production facilities and their destruction among States Parties.
To this end, the Executive Council shall decide to limit the verification to measures complementary to those undertaken pursuant to such a bilateral or multilateral agreement, if it con- siders that: (a) Verification provisions of such an agreement are consis- tent with the verification provisions of this Article and Part V of the Verification Annex; Implementation of the agreement provides for sufficient assurance of compliance with the relevant provisions of this Convention; and Parties to the bilateral or multilateral agreement keep the Organization fully informed about their verification activities.
(b) (c) 17.

19.

If the Executive Council takes a decision pursuant to para- graph 16, the Organization shall have the right to monitor the implementation of the bilateral or multilateral agreement.

18.

Nothing in paragraphs 16 and 17 shall affect the obligation of a State Party to make declarations pursuant to Article III, this Article and Part V of the Verification Annex.

Each State Party shall meet the costs of destruction of chem- ical weapons production facilities it is obliged to destroy.
It shall also meet the costs of verification under this Article un- less the Executive Council decides otherwise.

If the Executive Council decides to limit verification measures of the Organ- ization pursuant to paragraph 16, the costs of complementary verification and monitoring by the Organization shall be paid in accordance with the United Nations scale of assessment, as specified in Article VIII, paragraph 7.

Article VI Activities not prohibited under this Convention 1.
Each State Party has the right, subject to the provisions of this Convention, to develop, produce, otherwise acquire, retain, 31 Schedule Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Article VI—continued transfer and use toxic chemicals and their precursors for pur- poses not prohibited under this Convention.
Each State Party shall adopt the necessary measures to ensure that toxic chemicals and their precursors are only developed, produced, otherwise acquired, retained, transferred, or used within its territory or in any other place under its jurisdiction or control for purposes not prohibited under this Convention.
To this end, and in order to verify that activities are in accordance with obligations under this Convention, each State Party shall subject toxic chemicals and their precursors listed in Sched- ules 1, 2 and 3 of the Annex on Chemicals, facilities related to such chemicals, and other facilities as specified in the Veri- fication Annex, that are located on its territory or in any other place under its jurisdiction or control, to verification measures as provided in the Verification Annex.
Each State Party shall subject chemicals listed in Schedule 1 (hereinafter referred to as “Schedule 1 chemicals”) to the pro- hibitions on production, acquisition, retention, transfer and use as specified in Part VI of the Verification Annex.

It shall sub- ject Schedule 1 chemicals and facilities specified in Part VI of the Verification Annex to systematic verification through on-site inspection and monitoring with on-site instruments in accordance with that Part of the Verification Annex.
Each State Party shall subject chemicals listed in Schedule 2 (hereinafter referred to as “Schedule 2 chemicals”) and facil- ities specified in Part VII of the Verification Annex to data monitoring and on-site verification in accordance with that Part of the Verification Annex.
Each State Party shall subject chemicals listed in Schedule 3 (hereinafter referred to as “Schedule 3 chemicals”) and facil- ities specified in Part VIII of the Verification Annex to data monitoring and on-site verification in accordance with that Part of the Verification Annex.
Each State Party shall subject facilities specified in Part IX of the Verification Annex to data monitoring and eventual on-site verification in accordance with that Part of the Verification An- nex unless decided otherwise by the Conference of the States 2.

3.

4.

5.

6.

32 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Schedule 7.

8.

9.

10.

11.

Article VI—continued Parties pursuant to Part IX, paragraph 22, of the Verification Annex.
Not later than 30 days after this Convention enters into force for it, each State Party shall make an initial declaration on rele- vant chemicals and facilities in accordance with the Verifica- tion Annex.

Each State Party shall make annual declarations regarding the relevant chemicals and facilities in accordance with the Veri- fication Annex.

For the purpose of on-site verification, each State Party shall grant to the inspectors access to facilities as required in the Verification Annex.
In conducting verification activities, the Technical Secretariat shall avoid undue intrusion into the State Party’s chemical ac- tivities for purposes not prohibited under this Convention and, in particular, abide by the provisions set forth in the Annex on the Protection of Confidential Information (hereinafter re- ferred to as “Confidentiality Annex”).
The provisions of this Article shall be implemented in a man- ner which avoids hampering the economic or technological development of States Parties, and international cooperation in the field of chemical activities for purposes not prohibited under this Convention including the international exchange of scientific and technical information and chemicals and equip- ment for the production, processing or use of chemicals for purposes not prohibited under this Convention.
Article VII National implementation measures General undertakings 1.

Each State Party shall, in accordance with its constitutional processes, adopt the necessary measures to implement its obli- gations under this Convention.
In particular, it shall: (a) Prohibit natural and legal persons anywhere on its terri- tory or in any other place under its jurisdiction as recog- nised by international law from undertaking any activity 33 Schedule Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Article VII—continued prohibited to a State Party under this Convention, in- cluding enacting penal legislation with respect to such activity; (c) (b) Not permit in any place under its control any activity prohibited to a State Party under this Convention; and Extend its penal legislation enacted under subpara- graph (a) to any activity prohibited to a State Party under this Convention undertaken anywhere by natural persons, possessing its nationality, in conformity with international law.
Each State Party shall cooperate with other States Parties and afford the appropriate form of legal assistance to facilitate the implementation of the obligations under paragraph 1.

Each State Party, during the implementation of its obligations under this Convention, shall assign the highest priority to en- suring the safety of people and to protecting the environment, and shall cooperate as appropriate with other States Parties in this regard.
Relations between the State Party and the Organization In order to fulfil its obligations under this Convention, each State Party shall designate or establish a National Authority to serve as the national focal point for effective liaison with the Organization and other States Parties.

Each State Party shall notify the Organization of its National Authority at the time that this Convention enters into force for it.
Each State Party shall inform the Organization of the legisla- tive and administrative measures taken to implement this Con- vention.

Each State Party shall treat as confidential and afford special handling to information and data that it receives in confidence from the Organization in connection with the implementation of this Convention.

It shall treat such information and data exclusively in connection with its rights and obligations under 2.

3.

4.

5.

6.
3.

4.

5.

6.

34 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Schedule 7.

1.

2.

3.

4.

5.

Article VII—continued this Convention and in accordance with the provisions set forth in the Confidentiality Annex.

Each State Party undertakes to cooperate with the Organiza- tion in the exercise of all its functions and in particular to pro- vide assistance to the Technical Secretariat.
Article VIII The Organization A.—General provisions The States Parties to this Convention hereby establish the Or- ganization for the Prohibition of Chemical Weapons to achieve the object and purpose of this Convention, to ensure the imple- mentation of its provisions, including those for international verification of compliance with it, and to provide a forum for consultation and cooperation among States Parties.

All States Parties to this Convention shall be members of the Organization.
A State Party shall not be deprived of its mem- bership in the Organization.

The seat of the Headquarters of the Organization shall be The Hague, Kingdom of the Netherlands.

There are hereby established as the organs of the Organization: the Conference of the States Parties, the Executive Council, and the Technical Secretariat.
The Organization shall conduct its verification activities pro- vided for under this Convention in the least intrusive manner possible consistent with the timely and efficient accomplish- ment of their objectives.

It shall request only the information and data necessary to fulfil its responsibilities under this Con- vention.
It shall take every precaution to protect the confiden- tiality of information on civil and military activities and fa- cilities coming to its knowledge in the implementation of this Convention and, in particular, shall abide by the provisions set forth in the Confidentiality Annex.
35 Schedule Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Article VIII—continued A.—continued In undertaking its verification activities the Organization shall consider measures to make use of advances in science and technology.
The costs of the Organization’s activities shall be paid by States Parties in accordance with the United Nations scale of assessment adjusted to take into account differences in membership between the United Nations and this Organ- ization, and subject to the provisions of Articles IV and V. Financial contributions of States Parties to the Preparatory Commission shall be deducted in an appropriate way from their contributions to the regular budget.
The budget of the Organization shall comprise two separate chapters, one relating to administrative and other costs, and one relating to verification costs.

A member of the Organization which is in arrears in the pay- ment of its financial contribution to the Organization shall have no vote in the Organization if the amount of its arrears equals or exceeds the amount of the contribution due from it for the preceding two full years.
The Conference of the States Par- ties may, nevertheless, permit such a member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the member.

B.—The Conference of the States Parties Composition, procedures and decision-making The Conference of the States Parties (hereinafter referred to as “the Conference”) shall be composed of all members of this Organization.
Each member shall have one representative in the Conference, who may be accompanied by alternates and advisers.

The first session of the Conference shall be convened by the depositary not later than 30 days after the entry into force of this Convention.

The Conference shall meet in regular sessions which shall be held annually unless it decides otherwise.

6.

7.

8.

9.

10.

11.

36 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Schedule Article VIII—continued B.—continued 12.

13.
13.

14.

15.

Special sessions of the Conference shall be convened: (a) When decided by the Conference; (b) When requested by the Executive Council; (c) When requested by any member and supported by one (d) third of the members; or In accordance with paragraph 22 to undertake reviews of the operation of this Convention.
Except in the case of subparagraph (d), the special session shall be convened not later than 30 days after receipt of the request by the Director-General of the Technical Secretariat, unless specified otherwise in the request.

The Conference shall also be convened in the form of an Amendment Conference in accordance with Article XV, paragraph 2.

Sessions of the Conference shall take place at the seat of the Organization unless the Conference decides otherwise.
The Conference shall adopt its rules of procedure.

At the be- ginning of each regular session, it shall elect its Chairman and such other officers as may be required.

They shall hold office until a new Chairman and other officers are elected at the next regular session.

16.

A majority of the members of the Organization shall constitute 17.

18. a quorum for the Conference.

Each member of the Organization shall have one vote in the Conference.
The Conference shall take decisions on questions of proced- ure by a simple majority of the members present and voting.

Decisions on matters of substance should be taken as far as possible by consensus.

If consensus is not attainable when an issue comes up for decision, the Chairman shall defer any vote for 24 hours and during this period of deferment shall make every effort to facilitate achievement of consensus, and shall report to the Conference before the end of this period.
If con- sensus is not possible at the end of 24 hours, the Conference shall take the decision by a two-thirds majority of members 37 Schedule Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Article VIII—continued B.—continued present and voting unless specified otherwise in this Conven- tion.
When the issue arises as to whether the question is one of substance or not, that question shall be treated as a matter of substance unless otherwise decided by the Conference by the majority required for decisions on matters of substance.

Powers and functions The Conference shall be the principal organ of the Organiza- tion.
It shall consider any questions, matters or issues within the scope of this Convention, including those relating to the powers and functions of the Executive Council and the Tech- nical Secretariat.

It may make recommendations and take de- cisions on any questions, matters or issues related to this Con- vention raised by a State Party or brought to its attention by the Executive Council.
The Conference shall oversee the implementation of this Con- vention, and act in order to promote its object and purpose.

The Conference shall review compliance with this Conven- tion.

It shall also oversee the activities of the Executive Coun- cil and the Technical Secretariat and may issue guidelines in accordance with this Convention to either of them in the exer- cise of their functions.
The Conference shall: (a) Consider and adopt at its regular sessions the report, programme and budget of the Organization, submitted by the Executive Council, as well as consider other re- ports; (b) Decide on the scale of financial contributions to be paid by States Parties in accordance with paragraph 7; Elect the members of the Executive Council; (c) (d) Appoint the Director-General of the Technical Sec- retariat (hereinafter referred to as “the Director-Gen- eral”); Approve the rules of procedure of the Executive Coun- cil submitted by the latter; (e) 19.
20.

21.
38 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Schedule Article VIII—continued B.—continued (f) (g) (h) (i) (j) (k) Establish such subsidiary organs as it finds necessary for the exercise of its functions in accordance with this Convention; Foster international cooperation for peaceful purposes in the field of chemical activities; Review scientific and technological developments that could affect the operation of this Convention and, in this context, direct the Director-General to establish a Scien- tific Advisory Board to enable him, in the performance of his functions, to render specialized advice in areas of science and technology relevant to this Convention, to the Conference, the Executive Council or States Parties.
The Scientific Advisory Board shall be composed of in- dependent experts appointed in accordance with terms of reference adopted by the Conference; Consider and approve at its first session any draft agreements, provisions and guidelines developed by the Preparatory Commission; Establish at its first session the voluntary fund for as- sistance in accordance with Article X; Take the necessary measures to ensure compliance with this Convention and to redress and remedy any situation which contravenes the provisions of this Convention, in accordance with Article XII.
22.

The Conference shall not later than one year after the expiry of the fifth and the tenth year after the entry into force of this Con- vention, and at such other times within that time period as may be decided upon, convene in special sessions to undertake re- views of the operation of this Convention.

Such reviews shall take into account any relevant scientific and technological de- velopments.
At intervals of five years thereafter, unless other- wise decided upon, further sessions of the Conference shall be convened with the same objective.

39 Schedule Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Article VIII—continued C.—The Executive Council Composition, procedure and decision-making The Executive Council shall consist of 41 members.

Each State Party shall have the right, in accordance with the prin- ciple of rotation, to serve on the Executive Council.
The mem- bers of the Executive Council shall be elected by the Confer- ence for a term of two years.

In order to ensure the effect- ive functioning of this Convention, due regard being specially paid to equitable geographical distribution, to the importance of chemical industry, as well as to political and security inter- ests, the Executive Council shall be composed as follows: (a) Nine States Parties from Africa to be designated by States Parties located in this region.
As a basis for this designation it is understood that, out of these nine States Parties, three members shall, as a rule, be the States Par- ties with the most significant national chemical industry in the region as determined by internationally reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating these three members; (b) Nine States Parties from Asia to be designated by States Parties located in this region.
As a basis for this des- ignation it is understood that, out of these nine States Parties, four members shall, as a rule, be the States Par- ties with the most significant national chemical industry in the region as determined by internationally reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating these four members; Five States Parties from Eastern Europe to be desig- nated by States Parties located in this region.
As a basis for this designation it is understood that, out of these five States Parties, one member shall, as a rule, be the State Party with the most significant national chemical industry in the region as determined by internationally reported and published data; in addition, the regional (c) 23.
40 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Schedule Article VIII—continued C.—continued (d) (e) (f) group shall agree also to take into account other regional factors in designating this one member; Seven States Parties from Latin America and the Caribbean to be designated by States Parties located in this region.
As a basis for this designation it is understood that, out of these seven States Parties, three members shall, as a rule, be the States Parties with the most significant national chemical industry in the region as determined by internationally reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating these three members; Ten States Parties from among Western European and other States to be designated by States Parties located in this region.
As a basis for this designation it is under- stood that, out of these 10 States Parties, 5 members shall, as a rule, be the States Parties with the most significant national chemical industry in the region as determined by internationally reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating these five members; One further State Party to be designated consecutively by States Parties located in the regions of Asia and Latin America and the Caribbean.
As a basis for this desig- nation it is understood that this State Party shall be a rotating member from these regions.

24.

For the first election of the Executive Council 20 members shall be elected for a term of one year, due regard being paid to the established numerical proportions as described in para- graph 23.

25.
25.

After the full implementation of Articles IV and V the Con- ference may, upon the request of a majority of the members of the Executive Council, review the composition of the Ex- ecutive Council taking into account developments related to 41 Schedule Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Article VIII—continued C.—continued the principles specified in paragraph 23 that are governing its composition.
The Executive Council shall elaborate its rules of procedure and submit them to the Conference for approval.

The Executive Council shall elect its Chairman from among its members.

The Executive Council shall meet for regular sessions.

Be- tween regular sessions it shall meet as often as may be required for the fulfilment of its powers and functions.

Each member of the Executive Council shall have one vote.
Unless otherwise specified in this Convention, the Executive Council shall take decisions on matters of substance by a two- thirds majority of all its members.

The Executive Council shall take decisions on questions of procedure by a simple ma- jority of all its members.
When the issue arises as to whether the question is one of substance or not, that question shall be treated as a matter of substance unless otherwise decided by the Executive Council by the majority required for decisions on matters of substance.

Powers and functions The Executive Council shall be the executive organ of the Or- ganization.

It shall be responsible to the Conference.


The Ex- ecutive Council shall carry out the powers and functions en- trusted to it under this Convention, as well as those functions delegated to it by the Conference.

In so doing, it shall act in conformity with the recommendations, decisions and guide- lines of the Conference and assure their proper and continuous implementation.

The Executive Council shall promote the effective implemen- tation of, and compliance with, this Convention.
It shall super- vise the activities of the Technical Secretariat, cooperate with the National Authority of each State Party and facilitate con- sultations and cooperation among States Parties at their re- quest.

26.

27.

28.

29.

30.

31.

42 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Schedule Article VIII—continued C.—continued 32.

33.

34.

35.

36.
33.

34.

35.

36.

The Executive Council shall: (a) (b) Consider and submit to the Conference the draft pro- gramme and budget of the Organization; Consider and submit to the Conference the draft report of the Organization on the implementation of this Con- vention, the report on the performance of its own activ- ities and such special reports as it deems necessary or which the Conference may request; (c) Make arrangements for the sessions of the Conference including the preparation of the draft agenda.
The Executive Council may request the convening of a special session of the Conference.
The Executive Council shall: (a) Conclude agreements or arrangements with States and international organizations on behalf of the Organiza- tion, subject to prior approval by the Conference; Conclude agreements with States Parties on behalf of the Organization in connection with Article X and supervise the voluntary fund referred to in Article X; Approve agreements or arrangements relating to the im- plementation of verification activities, negotiated by the Technical Secretariat with States Parties.
(b) (c) The Executive Council shall consider any issue or matter within its competence affecting this Convention and its im- plementation, including concerns regarding compliance, and cases of non-compliance, and, as appropriate, inform States Parties and bring the issue or matter to the attention of the Conference.
In its consideration of doubts or concerns regarding compli- ance and cases of non-compliance, including, inter alia, abuse of the rights provided for under this Convention, the Execu- tive Council shall consult with the States Parties involved and, as appropriate, request the State Party to take measures to re- dress the situation within a specified time.
To the extent that the Executive Council considers further action to be necessary, it shall take, inter alia, one or more of the following measures: 43 Schedule Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Article VIII—continued C.—continued (a) (b) Inform all States Parties of the issue or matter; Bring the issue or matter to the attention of the Confer- ence; (c) Make recommendations to the Conference regarding measures to redress the situation and to ensure compli- ance.
The Executive Council shall, in cases of particular gravity and urgency, bring the issue or matter, including relevant informa- tion and conclusions, directly to the attention of the United Nations General Assembly and the United Nations Security Council.

It shall at the same time inform all States Parties of this step.

D.—The Technical Secretariat The Technical Secretariat shall assist the Conference and the Executive Council in the performance of their functions.
The Technical Secretariat shall carry out the verification measures provided for in this Convention.

It shall carry out the other functions entrusted to it under this Convention as well as those functions delegated to it by the Conference and the Executive Council.
The Technical Secretariat shall: (a) Prepare and submit to the Executive Council the draft programme and budget of the Organization; Prepare and submit to the Executive Council the draft report of the Organization on the implementation of this Convention and such other reports as the Conference or the Executive Council may request; Provide administrative and technical support to the the Executive Council and subsidiary Conference, organs; (b) (c) (d) Address and receive communications on behalf of the Organization to and from States Parties on matters per- taining to the implementation of this Convention; Provide technical assistance and technical evaluation to States Parties in the implementation of the provisions of (e) 37.
38.

44 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Schedule Article VIII—continued D.—continued this Convention, including evaluation of scheduled and unscheduled chemicals.

39.

40.

41.

42.

43.


The Technical Secretariat shall: (a) Negotiate agreements or arrangements relating to the implementation of verification activities with States Parties, subject to approval by the Executive Council; (b) Not later than 180 days after entry into force of this Con- vention, coordinate the establishment and maintenance of permanent stockpiles of emergency and humanitar- ian assistance by States Parties in accordance with Art- icle X, paragraphs 7(b) and (c).
The Technical Secre- tariat may inspect the items maintained for serviceabil- ity.

Lists of items to be stockpiled shall be considered and approved by the Conference pursuant to paragraph 21(i) above; Administer the voluntary fund referred to in Article X, compile declarations made by the States Parties and register, when requested, bilateral agreements con- cluded between States Parties or between a State Party and the Organization for the purposes of Article X.
(c) The Technical Secretariat shall inform the Executive Council of any problem that has arisen with regard to the discharge of its functions, including doubts, ambiguities or uncertainties about compliance with this Convention that have come to its notice in the performance of its verification activities and that it has been unable to resolve or clarify through its consultations with the State Party concerned.
The Technical Secretariat shall comprise a Director-General, who, shall be its head and chief administrative officer, inspect- ors and such scientific, technical and other personnel as may be required.

The Inspectorate shall be a unit of the Technical Secretariat and shall act under the supervision of the Director-General.
The Director-General shall be appointed by the Conference upon the recommendation of the Executive Council for a term 45 Schedule Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Article VIII—continued D.—continued of four years, renewable for one further term, but not there- after.

The Director-General shall be responsible to the Conference and the Executive Council for the appointment of the staff and the organization and functioning of the Technical Secretariat.
The paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence and integrity.

Only citizens of States Parties shall serve as the Director-General, as inspectors or as other mem- bers of the professional and clerical staff.

Due regard shall be paid to the importance of recruiting the staff on as wide a geo- graphical basis as possible.
Recruitment shall be guided by the principle that the staff shall be kept to a minimum necessary for the proper discharge of the responsibilities of the Technical Secretariat.

The Director-General shall be responsible for the organization and functioning of the Scientific Advisory Board referred to in paragraph 21(h).

The Director-General shall, in consult- ation with States Parties, appoint members of the Scientific Advisory Board, who shall serve in their individual capacity.
The members of the Board shall be appointed on the basis of their expertise in the particular scientific fields relevant to the implementation of this Convention.

The Director-General may also, as appropriate, in consultation with members of the Board, establish temporary working groups of scientific ex- perts to provide recommendations on specific issues.

In regard to the above, States Parties may submit lists of experts to the Director-General.
In the performance of their duties, the Director-General, the inspectors and the other members of the staff shall not seek or receive instructions from any Government or from any other source external to the Organization.

They shall refrain from any action that might reflect on their positions as international officers responsible only to the Conference and the Executive Council.

44.

45.

46.
44.

45.

46.

46 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Schedule Article VIII—continued D.—continued 47.

48.

Each State Party shall respect the exclusively international character of the responsibilities of the Director-General, the inspectors and the other members of the staff and not seek to influence them in the discharge of their responsibilities.
E.—Privileges and immunities The Organization shall enjoy on the territory and in any other place under the jurisdiction or control of a State Party such legal capacity and such privileges and immunities as are ne- cessary for the exercise of its functions.

49.
49.

Delegates of States Parties, together with their alternates and advisers, representatives appointed to the Executive Council together with their alternates and advisers, the Director-Gen- eral and the staff of the Organization shall enjoy such privil- eges and immunities as are necessary in the independent exer- cise of their functions in connection with the Organization.
The legal capacity, privileges, and immunities referred to in this Article shall be defined in agreements between the Organ- ization and the States Parties as well as in an agreement be- tween the Organization and the State in which the headquar- ters of the Organization is seated.

These agreements shall be considered and approved by the Conference pursuant to para- graph 21(i).

50.

51.
50.

51.

Notwithstanding paragraphs 48 and 49, the privileges and im- munities enjoyed by the Director-General and the staff of the Technical Secretariat during the conduct of verification activ- ities shall be those set forth in Part II, Section B, of the Verifi- cation Annex.

Article IX Consultations, cooperation and fact-finding 1.
States Parties shall consult and cooperate, directly among themselves, or through the Organization or other appropriate international procedures, including procedures within the framework of the United Nations and in accordance with its 47 Schedule Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Article IX—continued Charter, on any matter which may be raised relating to the object and purpose, or the implementation of the provisions, of this Convention.

2.
2.

Without prejudice to the right of any State Party to request a challenge inspection, States Parties should, whenever pos- sible, first make every effort to clarify and resolve, through exchange of information and consultations among themselves, any matter which may cause doubt about compliance with this Convention, or which gives rise to concerns about a related matter which may be considered ambiguous.
A State Party which receives a request from another State Party for clarifi- cation of any matter which the requesting State Party believes causes such a doubt or concern shall provide the requesting State Party as soon as possible, but in any case not later than 10 days after the request, with information sufficient to answer the doubt or concern raised along with an explanation of how the information provided resolves the matter.
Nothing in this Convention shall affect the right of any two or more States Parties to arrange by mutual consent for inspections or any other procedures among themselves to clarify and resolve any matter which may cause doubt about compliance or gives rise to a concern about a related matter which may be considered ambiguous.

Such arrangements shall not affect the rights and obligations of any State Party under other provisions of this Convention.
Procedure for requesting clarification A State Party shall have the right to request the Executive Council to assist in clarifying any situation which may be con- sidered ambiguous or which gives rise to a concern about the possible non-compliance of another State Party with this Con- vention.

The Executive Council shall provide appropriate in- formation in its possession relevant to such a concern.
A State Party shall have the right to request the Executive Council to obtain clarification from another State Party on any situation which may be considered ambiguous or which gives 3.

4.

48 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Schedule Article IX—continued rise to a concern about its possible non-compliance with this Convention.
In such a case, the following shall apply: (a) (b) (c) (d) (e) (f) The Executive Council shall forward the request for clarification to the State Party concerned through the Director-General not later than 24 hours after its receipt; The requested State Party shall provide the clarification to the Executive Council as soon as possible, but in any case not later than 10 days after the receipt of the request; The Executive Council shall take note of the clarifica- tion and forward it to the requesting State Party not later than 24 hours after its receipt; If the requesting State Party deems the clarification to be inadequate, it shall have the right to request the Ex- ecutive Council to obtain from the requested State Party further clarification; For the purpose of obtaining further clarification re- quested under subparagraph (d), the Executive Council may call on the Director-General to establish a group of experts from the Technical Secretariat, or if appropri- ate staff are not available in the Technical Secretariat, from elsewhere, to examine all available information and data relevant to the situation causing the concern.
The group of experts shall submit a factual report to the Executive Council on its findings; If the requesting State Party considers the clarification obtained under subparagraphs (d) and (e) to be unsatis- factory, it shall have the right to request a special ses- sion of the Executive Council in which States Parties involved that are not members of the Executive Coun- cil shall be entitled to take part.
In such a special ses- sion, the Executive Council shall consider the matter and may recommend any measure it deems appropriate to resolve the situation.

5.

A State Party shall also have the right to request the Execu- tive Council to clarify any situation which has been considered ambiguous or has given rise to a concern about its possible 49 Schedule Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Article IX—continued non-compliance with this Convention.
The Executive Coun- cil shall respond by providing such assistance as appropriate.

The Executive Council shall inform the States Parties about any request for clarification provided in this Article.
If the doubt or concern of a State Party about a possible non- compliance has not been resolved within 60 days after the sub- mission of the request for clarification to the Executive Coun- cil, or it believes its doubts warrant urgent consideration, not- withstanding its right to request a challenge inspection, it may request a special session of the Conference in accordance with Article VIII, paragraph 12(c).
At such a special session, the Conference shall consider the matter and may recommend any measure it deems appropriate to resolve the situation.
Procedures for challenge inspections Each State Party has the right to request an on-site challenge inspection of any facility or location in the territory or in any other place under the jurisdiction or control of any other State Party for the sole purpose of clarifying and resolving any ques- tions concerning possible non-compliance with the provisions of this Convention, and to have this inspection conducted any- where without delay by an inspection team designated by the Director-General and in accordance with the Verification An- nex.
Each State Party is under the obligation to keep the inspection request within the scope of this Convention and to provide in the inspection request all appropriate information on the basis of which a concern has arisen regarding possible non-com- pliance with this Convention as specified in the Verification Annex.

Each State Party shall refrain from unfounded inspec- tion requests, care being taken to avoid abuse.
The challenge inspection shall be carried out for the sole purpose of deter- mining facts relating to the possible non-compliance.

For the purpose of verifying compliance with the provisions of this Convention, each State Party shall permit the Tech- nical Secretariat to conduct the on-site challenge inspection pursuant to paragraph 8.

6.

7.

8.

9.

10.

50 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Schedule Article IX—continued 11.
Pursuant to a request for a challenge inspection of a facility or location, and in accordance with the procedures provided for in the Verification Annex, the inspected State Party shall have: The right and the obligation to make every reasonable (a) effort to demonstrate its compliance with this Conven- tion and, to this end, to enable the inspection team to fulfil its mandate; The obligation to provide access within the requested site for the sole purpose of establishing facts relevant to the concern regarding possible non-compliance; and The right to take measures to protect sensitive installa- tions, and to prevent disclosure of confidential informa- tion and data, not related to this Convention.
(b) (c) 12.

With regard to an observer, the following shall apply: (a) (b) (c) The requesting State Party may, subject to the agree- ment of the inspected State Party, send a representative who may be a national either of the requesting State Party or of a third State Party, to observe the conduct of the challenge inspection.

The inspected State Party shall then grant access to the observer in accordance with the Verification Annex.
The inspected State Party shall, as a rule, accept the pro- posed observer, but if the inspected State Party exer- cises a refusal, that fact shall be recorded in the final report.

The requesting State Party shall present an inspection request for an on-site challenge inspection to the Executive Council and at the same time to the Director-General for immediate processing.
The Director-General shall immediately ascertain that the in- spection request meets the requirements specified in Part X, paragraph 4, of the Verification Annex, and, if necessary, as- sist the requesting State Party in filing the inspection request accordingly.

When the inspection request fulfils the require- ments, preparations for the challenge inspection shall begin.

13.

14.

51 Schedule Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Article IX—continued 15.
The Director-General shall transmit the inspection request to the inspected State Party not less than 12 hours before the planned arrival of the inspection team at the point of entry.

18.

17.

16.

After having received the inspection request, the Executive Council shall take cognizance of the Director-General’s ac- tions on the request and shall keep the case under its consid- eration throughout the inspection procedure.

However, its de- liberations shall not delay the inspection process.
The Executive Council may, not later than 12 hours after hav- ing received the inspection request, decide by a three-quar- ter majority of all its members against carrying out the chal- lenge inspection, if it considers the inspection request to be frivolous, abusive or clearly beyond the scope of this Conven- tion as described in paragraph 8.

Neither the requesting nor the inspected State Party shall participate in such a decision.
If the Executive Council decides against the challenge inspec- tion, preparations shall be stopped, no further action on the inspection request shall be taken, and the States Parties con- cerned shall be informed accordingly.

The Director-General shall issue an inspection mandate for the conduct of the challenge inspection.

The inspection mandate shall be the inspection request referred to in paragraphs 8 and 9 put into operational terms, and shall conform with the in- spection request.
The challenge inspection shall be conducted in accordance with Part X or, in the case of alleged use, in accordance with Part XI of the Verification Annex.

The inspection team shall be guided by the principle of conducting the challenge inspec- tion in the least intrusive manner possible, consistent with the effective and timely accomplishment of its mission.

The inspected State Party shall assist the inspection team throughout the challenge inspection and facilitate its task.
If the inspected State Party proposes, pursuant to Part X, Section C, of the Verification Annex, arrangements to demonstrate compliance with this Convention, alternative to full and comprehensive access, it shall make every reasonable effort, to reach through consultations with the inspection team, 20.

19.

52 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Schedule 21.

22.

23.

24.

25.
22.

23.

24.

25.

Article IX—continued agreement on the modalities for establishing the facts with the aim of demonstrating its compliance.

The final report shall contain the factual findings as well as an assessment by the inspection team of the degree and nature of access and cooperation granted for the satisfactory imple- mentation of the challenge inspection.
The Director-General shall promptly transmit the final report of the inspection team to the requesting State Party, to the inspected State Party, to the Executive Council and to all other States Parties.

The Dir- ector-General shall further transmit promptly to the Executive Council the assessments of the requesting and of the inspected States Parties, as well as the views of other States Parties which may be conveyed to the Director-General for that purpose, and then provide them to all States Parties.
The Executive Council shall, in accordance with its powers and functions, review the final report of the inspection team as soon as it is presented, and address any concerns as to: (a) Whether any non-compliance has occurred; (b) Whether the request had been within the scope of this Convention; and (c) Whether the right to request a challenge inspection had been abused.
If the Executive Council reaches the conclusion, in keeping with its powers and functions, that further action may be ne- cessary with regard to paragraph 22, it shall take the appropri- ate measures to redress the situation and to ensure compliance with this Convention, including specific recommendations to the Conference.

In the case of abuse, the Executive Council shall examine whether the requesting State Party should bear any of the financial implications of the challenge inspection.
The requesting State Party and the inspected State Party shall have the right to participate in the review process.

The Ex- ecutive Council shall inform the States Parties and the next session of the Conference of the outcome of the process.

If the Executive Council has made specific recommendations to the Conference, the Conference shall consider action in ac- cordance with Article XII.
53 Schedule Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Article X Assistance and protection against chemical weapons For the purposes of this Article, “Assistance” means the co- ordination and delivery to States Parties of protection against chemical weapons, including, inter alia, the following: detec- tion equipment and alarm systems; protective equipment; de- contamination equipment and decontaminants; medical anti- dotes and treatments; and advice on any of these protective measures.
Nothing in this Convention shall be interpreted as impeding the right of any State Party to conduct research into, develop, produce, acquire, transfer or use means of protection against chemical weapons, for purposes not prohibited under this Con- vention.

Each State Party undertakes to facilitate, and shall have the right to participate in, the fullest possible exchange of equip- ment, material and scientific and technological information concerning means of protection against chemical weapons.
For the purposes of increasing the transparency of national programmes related to protective purposes, each State Party shall provide annually to the Technical Secretariat informa- tion on its programme, in accordance with procedures to be considered and approved by the Conference pursuant to Art- icle VIII, paragraph 21(i).
The Technical Secretariat shall establish, not later than 180 days after entry into force of this Convention and maintain, for the use of any requesting State Party, a data bank contain- ing freely available information concerning various means of protection against chemical weapons as well as such informa- tion as may be provided by States Parties.
The Technical Secretariat shall also, within the resources available to it, and at the request of a State Party, provide expert advice and assist the State Party in identifying how its programmes for the development and improvement of a protective capacity against chemical weapons could be implemented.

1.

2.

3.

4.

5.

54 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Schedule Article X—continued 6.

7.

8.

9.
7.

8.

9.

Nothing in this Convention shall be interpreted as impeding the right of States Parties to request and provide assistance bilaterally and to conclude individual agreements with other States Parties concerning the emergency procurement of as- sistance.
Each State Party undertakes to provide assistance through the Organization and to this end to elect to take one or more of the following measures: (a) To contribute to the voluntary fund for assistance to be established by the Conference at its first session; To conclude, if possible not later than 180 days after this Convention enters into force for it, agreements with the Organization concerning the procurement, upon de- mand, of assistance; To declare, not later than 180 days after this Convention enters into force for it, the kind of assistance it might provide in response to an appeal by the Organization.
If, however, a State Party subsequently is unable to pro- vide the assistance envisaged in its declaration, it is still under the obligation to provide assistance in accordance with this paragraph.
(b) (c) Each State Party has the right to request and, subject to the procedures set forth in paragraphs 9, 10 and 11, to receive assistance and protection against the use or threat of use of chemical weapons if it considers that: (a) (b) Chemical weapons have been used against it; Riot control agents have been used against it as a method of warfare; or It is threatened by actions or activities of any State that are prohibited for States Parties by Article I.
(c) The request, substantiated by relevant information, shall be submitted to the Director-General, who shall transmit it im- mediately to the Executive Council and to all States Parties.
The Director-General shall immediately forward the request to States Parties which have volunteered, in accordance with paragraphs 7(b) and (c), to dispatch emergency assistance in case of use of chemical weapons or use of riot control agents 55 Schedule Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Article X—continued as a method of warfare, or humanitarian assistance in case of serious threat of use of chemical weapons or serious threat of use of riot control agents as a method of warfare to the State Party concerned not later than 12 hours after receipt of the re- quest.
The Director-General shall initiate, not later than 24 hours after receipt of the request, an investigation in order to provide foundation for further action.

He shall complete the investigation within 72 hours and forward a report to the Ex- ecutive Council.

If additional time is required for completion of the investigation, an interim report shall be submitted within the same time-frame.

The additional time required for inves- tigation shall not exceed 72 hours.
It may, however, be further extended by similar periods.

Reports at the end of each addi- tional period shall be submitted to the Executive Council.

The investigation shall, as appropriate and in conformity with the request and the information accompanying the request, estab- lish relevant facts related to the request as well as the type and scope of supplementary assistance and protection needed.
The Executive Council shall meet not later than 24 hours after receiving an investigation report to consider the situation and shall take a decision by simple majority within the following 24 hours on whether to instruct the Technical Secretariat to provide supplementary assistance.

The Technical Secretariat shall immediately transmit to all States Parties and relevant international organizations the investigation report and the de- cision taken by the Executive Council.
When so decided by the Executive Council, the Director-General shall provide as- sistance immediately.

For this purpose, the Director-General may cooperate with the requesting State Party, other States Parties and relevant international organizations.

The States Parties shall make the fullest possible efforts to provide as- sistance.
If the information available from the ongoing investigation or other reliable sources would give sufficient proof that there are victims of use of chemical weapons and immediate action is indispensable, the Director-General shall notify all States Par- ties and shall take emergency measures of assistance, using the 10.

11.

56 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Schedule 1.

2.

Article X—continued resources the Conference has placed at his disposal for such contingencies.
The Director-General shall keep the Executive Council informed of actions undertaken pursuant to this para- graph.
Article XI Economic and technological development The provisions of this Convention shall be implemented in a manner which avoids hampering the economic or technolog- ical development of States Parties, and international cooper- ation in the field of chemical activities for purposes not pro- hibited under this Convention including the international ex- change of scientific and technical information and chemicals and equipment for the production, processing or use of chem- icals for purposes not prohibited under this Convention.
Subject to the provisions of this Convention and without preju- dice to the principles and applicable rules of international law, the States Parties shall: (a) Have the right, individually or collectively, to conduct to develop, produce, acquire, retain, research with, transfer, and use chemicals; (c) (b) Undertake to facilitate, and have the right to participate in, the fullest possible exchange of chemicals, equip- ment and scientific and technical information relating to the development and application of chemistry for pur- poses not prohibited under this Convention; Not maintain among themselves any restrictions, in- cluding those in any international agreements, incom- patible with the obligations undertaken under this Con- vention, which would restrict or impede trade and the development and promotion of scientific and technolog- ical knowledge in the field of chemistry for industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes; (d) Not use the Convention as grounds for applying any measures other than those provided for, or permitted, under this Convention nor use any other international 57 Schedule Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Article XI—continued (e) agreement for pursuing an objective inconsistent with this Convention; Undertake to review their existing national regulations in the field of trade in chemicals in order to render them consistent with the object and purpose of this Conven- tion.
Article XII Measures to redress a situation and to ensure compliance, including sanctions The Conference shall take the necessary measures, as set forth in paragraphs 2, 3 and 4, to ensure compliance with this Con- vention and to redress and remedy any situation which contra- venes the provisions of this Convention.

In considering action pursuant to this paragraph, the Conference shall take into ac- count all information and recommendations on the issues sub- mitted by the Executive Council.
In cases where a State Party has been requested by the Ex- ecutive Council to take measures to redress a situation raising problems with regard to its compliance, and where the State Party fails to fulfil the request within the specified time, the Conference may, inter alia, upon the recommendation of the Executive Council, restrict or suspend the State Party’s rights and privileges under this Convention until it undertakes the ne- cessary action to conform with its obligations under this Con- vention.
In cases where serious damage to the object and purpose of this Convention may result from activities prohibited under this Convention, in particular by Article I, the Conference may recommend collective measures to States Parties in conform- ity with international law.

The Conference shall, in cases of particular gravity, bring the issue, including relevant information and conclusions, to the attention of the United Nations General Assembly and the United Nations Security Council.

1.

2.

3.

4.
58 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Schedule Article XIII Relation to other international agreements Nothing in this Convention shall be interpreted as in any way limit- ing or detracting from the obligations assumed by any State under the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of War- fare, signed at Geneva on 17 June 1925, and under the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their De- struction, signed at London, Moscow and Washington on 10 April 1972.
Article XIV Settlement of disputes 1.

Disputes that may arise concerning the application or the inter- pretation of this Convention shall be settled in accordance with the relevant provisions of this Convention and in conformity with the provisions of the Charter of the United Nations.

2.
When a dispute arises between two or more States Parties, or between one or more States Parties and the Organization, relating to the interpretation or application of this Convention, the parties concerned shall consult together with a view to the expeditious settlement of the dispute by negotiation or by other peaceful means of the parties’ choice, including recourse to appropriate organs of this Convention and, by mutual consent, referral to the International Court of Justice in conformity with the Statute of the Court.
The States Parties involved shall keep the Executive Council informed of actions being taken.

The Executive Council may contribute to the settlement of a dispute by whatever means it deems appropriate, including of- fering its good offices, calling upon the States Parties to a dis- pute to start the settlement process of their choice and recom- mending a time-limit for any agreed procedure.
The Conference shall consider questions related to disputes raised by States Parties or brought to its attention by the Ex- ecutive Council.

The Conference shall, as it finds necessary, establish or entrust organs with tasks related to the settlement 4.

3.

59 Schedule Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Article XIV—continued of these disputes in conformity with Article VIII, paragraph 21(f).
The Conference and the Executive Council are separately em- powered, subject to authorization from the General Assembly of the United Nations, to request the International Court of Justice to give an advisory opinion on any legal question aris- ing within the scope of the activities of the Organization.

An agreement between the Organization and the United Nations shall be concluded for this purpose in accordance with Article VIII, paragraph 34(a).
This Article is without prejudice to Article IX or to the provi- sions on measures to redress a situation and to ensure compli- ance, including sanctions.

Article XV Amendments Any State Party may propose amendments to this Convention.

Any State Party may also propose changes, as specified in paragraph 4, to the Annexes of this Convention.

Proposals for amendments shall be subject to the procedures in paragraphs 2 and 3.
Proposals for changes, as specified in paragraph 4, shall be subject to the procedures in paragraph 5.

The text of a proposed amendment shall be submitted to the Director-General for circulation to all States Parties and to the Depositary.

The proposed amendment shall be consid- ered only by an Amendment Conference.
Such an Amend- ment Conference shall be convened if one third or more of the States Parties notify the Director-General not later than 30 days after its circulation that they support further consideration of the proposal.

The Amendment Conference shall be held im- mediately following a regular session of the Conference unless the requesting States Parties ask for an earlier meeting.

In no case shall an Amendment Conference be held less than 60 days after the circulation of the proposed amendment.
Amendments shall enter into force for all States Parties 30 days after deposit of the instruments of ratification or accept- 5.

6.

1.

2.

3.

60 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Schedule 4.

5.
5.

Article XV—continued ance by all the States Parties referred to under subparagraph (b) below: (a) When adopted by the Amendment Conference by a positive vote of a majority of all States Parties with no State Party casting a negative vote; and Ratified or accepted by all those States Parties casting a positive vote at the Amendment Conference.
(b) In order to ensure the viability and the effectiveness of this Convention, provisions in the Annexes shall be subject to changes in accordance with paragraph 5, if proposed changes are related only to matters of an administrative or technical nature.

All changes to the Annex on Chemicals shall be made in accordance with paragraph 5.
Sections A and C of the Confidentiality Annex, Part X of the Verification Annex, and those definitions in Part I of the Verification Annex which re- late exclusively to challenge inspections, shall not be subject to changes in accordance with paragraph 5.

Proposed changes referred to in paragraph 4 shall be made in accordance with the following procedures: (a) The text of the proposed changes shall be transmit- ted together with the necessary information to the Dir- ector-General.
Additional information for the evalu- ation of the proposal may be provided by any State Party and the Director-General.
The Director-General shall promptly communicate any such proposals and infor- mation to all States Parties, the Executive Council and the Depositary; (b) Not later than 60 days after its receipt, the Director-Gen- eral shall evaluate the proposal to determine all its pos- sible consequences for the provisions of this Conven- tion and its implementation and shall communicate any such information to all States Parties and the Executive Council; The Executive Council shall examine the proposal in the light of all information available to it, including whether the proposal fulfils the requirements of para- graph 4.
Not later than 90 days after its receipt, the (c) 61 Schedule Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Article XV—continued Executive Council shall notify its recommendation, with appropriate explanations, to all States Parties for consideration.
States Parties shall acknowledge receipt within 10 days; If the Executive Council recommends to all States Par- ties that the proposal be adopted, it shall be considered approved if no State Party objects to it within 90 days after receipt of the recommendation.
If the Executive Council recommends that the proposal be rejected, it shall be considered rejected if no State Party objects to the rejection within 90 days after receipt of the recom- mendation; If a recommendation of the Executive Council does not meet with the acceptance required under subparagraph (d), a decision on the proposal, including whether it fulfils the requirements of paragraph 4, shall be taken as a matter of substance by the Conference at its next session; The Director-General shall notify all States Parties and the Depositary of any decision under this paragraph; Changes approved under this procedure shall enter into force for all States Parties 180 days after the date of noti- fication by the Director-General of their approval unless another time period is recommended by the Executive Council or decided by the Conference.
(d) (e) (f) (g) Article XVI Duration and withdrawal This Convention shall be of unlimited duration.

Each State Party shall, in exercising its national sovereignty, have the right to withdraw from this Convention if it decides that extraordinary events, related to the subject-matter of this Convention, have jeopardized the supreme interests of its country.
It shall give notice of such withdrawal 90 days in advance to all other States Parties, the Executive Council, the Depositary and the United Nations Security Council.

Such 1.

2.

62 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Schedule Article XVI—continued 3. notice shall include a statement of the extraordinary events it regards as having jeopardized its supreme interests.
The withdrawal of a State Party from this Convention shall not in any way affect the duty of States to continue fulfilling the obligations assumed under any relevant rules of international law, particularly the Geneva Protocol of 1925.

Article XVII Status of the Annexes The Annexes form an integral part of this Convention.

Any reference to this Convention includes the Annexes.

Article XVIII Signature This Convention shall be open for signature for all States before its entry into force.
Article XIX Ratification This Convention shall be subject to ratification by States Signatories according to their respective constitutional processes.

Article XX Accession Any State which does not sign this Convention before its entry into force may accede to it at any time thereafter.

Article XXI Entry into force 1.

2.


This Convention shall enter into force 180 days after the date of the deposit of the 65th instrument of ratification, but in no case earlier than two years after its opening for signature.
For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Conven- 63 Schedule Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Article XXI—continued tion, it shall enter into force on the 30th day following the date of deposit of their instrument of ratification or accession.

Article XXII Reservations The Articles of this Convention shall not be subject to reservations.
The Annexes of this Convention shall not be subject to reservations incompatible with its object and purpose.
Article XXIII Depositary The Secretary-General of the United Nations, is hereby designated as the Depositary of this Convention and shall, inter alia: (a) Promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or accession and the date of the entry into force of this Convention, and of the receipt of other notices; Transmit duly certified copies of this Convention to the Gov- ernments of all signatory and acceding States; and Register this Convention pursuant to Article 102 of the Charter of the United Nations.
(b) (c) Article XXIV Authentic texts This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have signed this Convention.

64 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Done at Paris on the thirteenth day of January, one thousand nine hundred and ninety-three.
Annex on Chemicals Contents A.

B.

Guidelines for schedules of chemicals Schedules of chemicals Page 65 67 A.

Guidelines for Schedules of chemicals Guidelines for Schedule 1 1.
The following criteria shall be taken into account in consider- ing whether a toxic chemical or precursor should be included in Schedule 1: (a) It has been developed, produced, stockpiled or used as a chemical weapon as defined in Article II; It poses otherwise a high risk to the object and purpose of this Convention by virtue of its high potential for use in activities prohibited under this Convention because one or more of the following conditions are met: (i) (b) (ii) (iii) It possesses a chemical structure closely related to that of other toxic chemicals listed in Schedule 1, and has, or can be expected to have, compar- able properties; It possesses such lethal or incapacitating toxicity as well as other properties that would enable it to be used as a chemical weapon; It may be used as a precursor in the final sin- gle technological stage of production of a toxic chemical listed in Schedule 1, regardless of whether this stage takes place in facilities, in munitions or elsewhere; (c) It has little or no use for purposes not prohibited under this Convention.
65 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 A.—continued Guidelines for Schedule 2 The following criteria shall be taken into account in consid- ering whether a toxic chemical not listed in Schedule 1 or a precursor to a Schedule 1 chemical or to a chemical listed in Schedule 2, part A, should be included in Schedule 2: (a) It poses a significant risk to the object and purpose of this Convention because it possesses such lethal or inca- pacitating toxicity as well as other properties that could enable it to be used as a chemical weapon; It may be used as a precursor in one of the chemical reactions at the final stage of formation of a chemical listed in Schedule 1 or Schedule 2, part A; It poses a significant risk to the object and purpose of this Convention by virtue of its importance in the pro- duction of a chemical listed in Schedule 1 or Schedule 2, part A; It is not produced in large commercial quantities for purposes not prohibited under this Convention.
(b) (c) (d) Guidelines for Schedule 3 The following criteria shall be taken into account in consider- ing whether a toxic chemical or precursor, not listed in other Schedules, should be included in Schedule 3: (a) It has been produced, stockpiled or used as a chemical weapon; It poses otherwise a risk to the object and purpose of this Convention because it possesses such lethal or incapac- itating toxicity as well as other properties that might en- able it to be used as a chemical weapon; It poses a risk to the object and purpose of this Conven- tion by virtue of its importance in the production of one or more chemicals listed in Schedule 1 or Schedule 2, part B; It may be produced in large commercial quantities for purposes not prohibited under this Convention.
(b) (c) (d) 2.

3.

66 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex B.

Schedules of Chemicals The following Schedules list toxic chemicals and their precursors.

For the purpose of implementing this Convention, these Schedules identify chemicals for the application of verification measures ac- cording to the provisions of the Verification Annex.

Pursuant to Art- icle II, subparagraph 1(a), these Schedules do not constitute a defin- ition of chemical weapons.
(Whenever reference is made to groups of dialkylated chemicals, fol- lowed by a list of alkyl groups in parentheses, all chemicals possible by all possible combinations of alkyl groups listed in the parentheses are considered as listed in the respective Schedule as long as they are not explicitly exempted.

A chemical marked “*” on Schedule 2, part A, is subject to special thresholds for declaration and verification, as specified in Part VII of the Verification Annex.)

Schedule 1 A.
Schedule 1 A.

Toxic chemicals: (1) O-Alkyl (_C10, incl.

cycloalkyl) alkyl (Me, Et, n-Pr or i-Pr)-phosphonofluoridates e.g.

Sarin: O-Isopropyl methylphosphonofluoridate Soman: O-Pinacolyl methylphosphonofluoridate (2) O-Alkyl (_C10, incl.

cycloalkyl) N,N-dialkyl (Me, Et, n-Pr or i-Pr) phosphoramido- cyanidates e.g.
Tabun: O-Ethyl N,N-dimethyl phosphoramidocyanidate (CAS registry number) (107–44–8) (96–64–0) (77–81–6) 67 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 B.—continued (CAS registry number) (3) O-Alkyl (H or _C10, incl.

cycloalkyl) S-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-Pr or i-Pr) phosphonothiolates and corresponding alkylated or protonated salts e.g.
VX: O-Ethyl S-2- (50782–69–9) (4) (5) diisopropylaminoethyl methyl phosphonothiolate Sulfur mustards: 2-Chloroethylchloromethylsulfide Mustard gas: Bis(2-chloroethyl)sulfide Bis(2-chloroethylthio)methane Sesquimustard: 1,2-Bis(2- chloroethylthio)ethane 1,3-Bis(2-chloroethylthio)-n-propane 1,4-Bis(2-chloroethylthio)-n-butane 1,5-Bis(2-chloroethylthio)-n-pentane Bis(2-chloroethylthiomethyl)ether O-Mustard: Bis(2-chloroethylth- ioethyl)ether Lewisites: Lewisite 1: 2-Chlorovinyldichloroarsine Lewisite 2: Bis(2-chlorovinyl)chloroarsine Lewisite 3: Tris(2-chlorovinyl)arsine (6) Nitrogen mustards: HN1: Bis(2-chloroethyl)ethylamine HN2: Bis(2-chloroethyl)methylamine HN3: Tris(2-chloroethyl)amine Saxitoxin (7) (8) Ricin 68 (2625–76–5) (505–60–2) (63869–13–6) (3563–36–8) (63905–10–2) (142868–93–7) (142868–94–8) (63918–90–1) (63918–89–8) (541–25–3) (40334–69–8) (40334–70–1) (538–07–8) (51–75–2) (555–77–1) (35523–89–8) (9009–86–3) Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex B.—continued B. Precursors: (9) Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluorides e.g.
DF: Methylphosphonyldifluoride (10) O-Alykl (H or _C10, incl.

cycloalkyl) o-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-Pr or i-Pr) phosphonites and corresponding alkylated or protonated salts e.g.

QL: O-Ethyl O-2- diisopropylaminoethyl methylphosphonite (11) Chlorosarin: O-Isopropyl methylphosphonochloridate (12) Chlorosoman: O-Pinacolyl methylphosphonochloridate Schedule 2 A.
Toxic chemicals: (1) Amiton: O,O-Diethyl S-[2- (2) (diethylamino)ethyl]phosphorothiolate and corresponding alkylated or protonated salts PFIB: 1,1,3,3,3-Pentafluoro-2- (trifluoromethyl)-1-propene (3) BZ: 3-Quinuclidinyl benzilate (*) B. Precursors: (CAS registry number) (676–99–3) (57856–11–8) (1445–76–7) (7040–57–5) (78–53–5) (382–21–8) (6581–06–2) 69 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 B.—continued (4) Chemicals, except for those listed in Schedule 1, containing a phosphorus atom to which is bonded one methyl, ethyl or propyl (normal or iso) group but not further carbon atoms, e.g.
Methylphosphonyl dichloride Dimethyl methylphosphonate Exemption: Fonofos: O-Ethyl S-phenyl ethylphosphonothiolothionate (5) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic dihalides (6) Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et, n-Pr or i-Pr)-phosphoramidates 2,2-Diphenyl-2-hydroxyacetic acid (7) Arsenic trichloride (8) (9) Quinuclidine-3-ol (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) aminoethane-2-ols and corresponding protonated salts Exemptions: N,N-Dimethylaminoethanol and corresponding protonated salts N,N-Diethylaminoethanol and corresponding protonated salts (12) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-thiols and corresponding protonated salts (676–97–1) (756–79–6) (944–22–9) (7784–34–1) (76–93–7) (1619–34–7) (108–01–0) (100–37–8) (13) Thiodiglycol: Bis(2-hydroxyethyl)sulfide (14) Pinacolyl alcohol: 3,3-Dimethylbutane-2-ol (111–48–8) (464–07–3) 70 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex B.—continued Schedule 3 Phosgene: Carbonyl dichloride Phosphorus oxychloride Phosphorus trichloride Phosphorus pentachloride Trimethyl phosphite Triethyl phosphite A.
Toxic chemicals: (1) (2) Cyanogen chloride (3) Hydrogen cyanide (4) Chloropicrin: Trichloronitromethane B. Precursors: (5) (6) (7) (8) (9) (10) Dimethyl phosphite (11) Diethyl phosphite (12) Sulfur monochloride (13) Sulfur dichloride (14) Thionyl chloride (15) Ethyldiethanolamine (16) Methyldiethanolamine (17) Triethanolamine Annex on Implementation and Verification (“Verification Annex”) Contents Part I: Definitions Part II: General rules of verification A.
B. C. Designation of inspectors and inspection assistants Privileges and immunities Standing arrangements (75–44–5) (506–77–4) (74–90–8) (76–06–2) (10025–87–3) (7719–12–2) (10026–13–8) (121–45–9) (122–52–1) (868–85–9) (762–04–9) (10025–67–9) (10545–99–0) (7719–09–7) (139–87–7) (105–59–9) (102–71–6) Page 79 81 84 71 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 D. E. F. G. H. A.

B. C. A.

B. C. D. A.

B. C. A.
B. C. D. Pre-inspection activities Conduct of inspections Departure Reports Application of general provisions Part III: General provisions for verification measures pursuant to Articles IV, V and VI, paragraph 3 Initial inspections and facility agreements Standing arrangements Pre-inspection activities Part IV(A): Destruction of chemical weapons and its verification pursuant to Article IV Declarations Measures to secure the storage facility and storage facility preparation Destruction Verification Part IV(B): Old chemical weapons and abandoned chemical weapons General Regime for old chemical weapons Regime for abandoned chemical weapons Part V: Destruction of chemical weapons production facilities and its verification pursuant to Article V Declarations Destruction Verification Conversion of chemical weapons production facilities to purposes not prohibited under this Convention Part VI: Activities not prohibited under this Convention in accordance with Article VI: Regime for Schedule 1 chemicals and facilities related to such chemicals A.
General provisions 72 88 89 94 95 95 96 97 99 99 103 104 112 120 120 122 125 130 138 142 150 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex B. C. D. E. A.

B. C. A.

B. C. A.

B. C. A.

B. C. D. A.

B.
Transfers Production Declarations Verification Part VII: Activities not prohibited under this Convention in accordance with Article VI: Regime for Schedule 2 chemicals and facilities related to such chemicals Declarations Verification Transfers to States not Party to this Convention Part VIII: Activities not prohibited under this Convention in accordance with Article VI: Regime for Schedule 3 Chemicals and facilities related to such chemicals Declarations Verification Transfers to States not Party to this Convention Part IX: Activities not prohibited under this Convention in accordance with Article VI: Regime for other chemical production facilities Declarations Verification Implementation and review of Section B Part X: Challenge inspections pursuant to Article IX Designation and selection of inspectors and inspection assistants Pre-inspection activities Conduct of inspections Post-inspection activities Part XI: Investigations in cases of alleged use of chemical weapons General Pre-inspection activities 151 151 152 156 158 162 166 166 170 172 173 175 177 178 179 187 191 193 193 73 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 C. D. E. Conduct of inspections Reports States not Party to this Convention 195 197 198 Part I Definitions “Approved Equipment” means the devices and instruments necessary for the performance of the inspection team’s duties that have been certified by the Technical Secretariat in accord- ance with regulations prepared by the Technical Secretariat pursuant to Part II, paragraph 27 of this Annex.
Such equip- ment may also refer to the administrative supplies or recording materials that would be used by the inspection team.

“Building” as referred to in the definition of chemical weapons production facility in Article II comprises specialized build- ings and standard buildings.
(a) “Specialized Building” means: (i) Any building, including underground structures, containing specialized equipment in a production or filling configuration; (ii) Any building, including underground structures, which has distinctive features which distinguish it from buildings normally used for chemical pro- duction or filling activities not prohibited under this Convention.
including “Standard Building” means any building, underground structures, constructed to prevailing industry standards for facilities not producing any chemical specified in Article II, paragraph 8(a)(i), or corrosive chemicals.

(b) “Challenge Inspection” means the inspection of any facility or location in the territory or in any other place under the juris- diction or control of a State Party requested by another State Party pursuant to Article IX, paragraphs 8 to 25.
“Discrete Organic Chemical” means any chemical belonging to the class of chemical compounds consisting of all com- 1.

2.

3.

4.

74 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part I—continued 5. pounds of carbon except for its oxides, sulfides and metal car- bonates, identifiable by chemical name, by structural formula, if known, and by Chemical Abstracts Service registry number, if assigned.
“Equipment” as referred to in the definition of chemical weapons production facility in Article II comprises special- ized equipment and standard equipment.
“Specialized Equipment” means: (a) (i) The main production train, including any reactor or equipment for product synthesis, separation or purification, any equipment used directly for heat transfer in the final technological stage, such as in reactors or in product separation, as well as any other equipment which has been in contact with any chemical specified in Article II, para- graph 8(a)(i), or would be in contact with such a chemical if the facility were operated; (ii) Any chemical weapon filling machines; (iii) Any other equipment specially designed, built or installed for the operation of the facility as a chemical weapons production facility, as dis- tinct from a facility constructed according to pre- vailing commercial industry standards for facil- ities not producing any chemical specified in Art- icle II, paragraph 8(a)(i), or corrosive chemicals, such as: equipment made of high-nickel alloys or other special corrosion-resistant material; special equipment for waste control, waste treatment, air filtering, or solvent recovery; special contain- ment enclosures and safety shields; non-stand- ard laboratory equipment used to analyse toxic chemicals for chemical weapons purposes; cus- tom-designed process control panels; or dedi- cated spares for specialized equipment.
(b) “Standard Equipment” means: 75 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part I—continued (i) Production equipment which is generally used in the chemical industry and is not included in the types of specialized equipment; (ii) Other equipment commonly used in the chemical industry, such as: fire-fighting equipment; guard and security/safety surveillance equipment; med- ical facilities, laboratory facilities; or communi- cations equipment.
“Facility” in the context of Article VI means any of the indus- trial sites as defined below (“plant site”, “plant” and “unit”).
(a) (b) Central analytical laboratory; “Plant Site” (Works, Factory) means the local integra- tion of one or more plants, with any intermediate admin- istrative levels, which are under one operational control, and includes common infrastructure, such as: Administration and other offices; (i) (ii) Repair and maintenance shops; (iii) Medical centre; (iv) Utilities; (v) (vi) Research and development laboratories; (vii) Central effluent and waste treatment area; and (viii) Warehouse storage.
“Plant” (Production facility, Workshop) means a rela- tively self-contained area, structure or building contain- ing one or more units with auxiliary and associated in- frastructure, such as: (i) (ii) Small administrative section; Storage/handling areas for feedstock and prod- ucts; (iii) Effluent/waste handling/treatment area; (iv) Control/analytical laboratory; (v) (vi) Records associated with the movement First aid service/related medical section; and into, around and from the site, of declared chemicals and their feedstock or product chemicals formed from them, as appropriate.
6.

76 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part I—continued (c) “Unit” (Production unit, Process unit) means the com- bination of those items of equipment, including vessels and vessel set up, necessary for the production, process- ing or consumption of a chemical.

“Facility Agreement” means an agreement or arrangement be- tween a State Party and the Organization relating to a specific facility subject to on-site verification pursuant to Articles IV, V and VI.
“Host State” means the State on whose territory lie facilities or areas of another State, Party to this Convention, which are subject to inspection under this Convention.

“In-Country Escort” means individuals specified by the in- spected State Party and, if appropriate, by the Host State, if they so wish, to accompany and assist the inspection team dur- ing the in-country period.
“In-Country Period” means the period from the arrival of the inspection team at a point of entry until its departure from the State at a point of entry.

“Initial Inspection” means the first on-site inspection of facil- ities to verify declarations submitted pursuant to Articles III, IV, V and VI and this Annex.
“Inspected State Party” means the State Party on whose terri- tory or in any other place under its jurisdiction or control an inspection pursuant to this Convention takes place, or the State Party whose facility or area on the territory of a Host State is subject to such an inspection; it does not, however, include the State Party specified in Part II, paragraph 21 of this Annex.
“Inspection Assistant” means an individual designated by the Technical Secretariat as set forth in Part II, Section A, of this Annex to assist inspectors in an inspection or visit, such as medical, security and administrative personnel and interpreters.

“Inspection Mandate” means the instructions issued by the Director-General to the inspection team for the conduct of a particular inspection.

7.

8.

9.

10.

11.

12.

13.

14.


77 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part I—continued “Inspection Manual” means the compilation of additional pro- cedures for the conduct of inspections developed by the Tech- nical Secretariat.
“Inspection Site” means any facility or area at which an in- spection is carried out and which is specifically defined in the respective facility agreement or inspection request or mandate or inspection request as expanded by the alternative or final perimeter.

“Inspection Team” means the group of inspectors and inspec- tion assistants assigned by the Director-General to conduct a particular inspection.
“Inspector” means an individual designated by the Technical Secretariat according to the procedures as set forth in Part II, Section A, of this Annex, to carry out an inspection or visit in accordance with this Convention.

“Model Agreement” means a document specifying the general form and content for an agreement concluded between a State Party and the Organization for fulfilling the verification provi- sions specified in this Annex.
“Observer” means a representative of a requesting State Party or a third State Party to observe a challenge inspection.

“Perimeter” in case of challenge inspection means the external boundary of the inspection site, defined by either geographic coordinates or description on a map.
(a) “Requested Perimeter” means the inspection site perimeter as specified in conformity with Part X, para- graph 8, of this Annex; “Alternative Perimeter” means the inspection site perimeter as specified, alternatively to the requested perimeter, by the inspected State Party; it shall conform to the requirements specified in Part X, paragraph 17, of this Annex; “Final Perimeter” means the final inspection site perimeter as agreed in negotiations between the inspec- tion team and the inspected State Party, in accordance with Part X, paragraphs 16 to 21, of this Annex; (b) (c) 15.
16.

17.

18.

19.

20.

21.

78 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex 22.

23.

24.

25.

26.

1.

2.

Part I—continued (d) “Declared Perimeter” means the external boundary of the facility declared pursuant to Articles III, IV, V and VI.
“Period of Inspection”, for the purposes of Article IX, means the period of time from provision of access to the inspection team to the inspection site until its departure from the inspec- tion site, exclusive of time spent on briefings before and after the verification activities.
“Period of Inspection”, for the purposes of Articles IV, V and VI, means the period of time from arrival of the inspection team at the inspection site until its departure from the inspec- tion site, exclusive of time spent on briefings before and after the verification activities.

“Point of Entry”/“Point of Exit” means a location designated for the in-country arrival of inspection teams for inspections pursuant to this Convention or for their departure after com- pletion of their mission.
“Requesting State Party” means a State Party which has re- quested a challenge inspection pursuant to Article IX.

“Tonne” means metric ton, i.e.

1,000 kg.


Part II General rules of verification A.—Designation of inspectors and inspection assistants Not later than 30 days after entry into force of this Conven- tion the Technical Secretariat shall communicate, in writing, to all States Parties the names, nationalities and ranks of the inspectors and inspection assistants proposed for designation, as well as a description of their qualifications and professional experiences.
Each State Party shall immediately acknowledge receipt of the list of inspectors and inspection assistants, proposed for des- ignation communicated to it.

The State Party shall inform the Technical Secretariat in writing of its acceptance of each in- spector and inspection assistant, not later than 30 days after 79 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part II—continued A.—continued acknowledgement of receipt of the list.
Any inspector and inspection assistant included in this list shall be regarded as designated unless a State Party, not later than 30 days after ac- knowledgement of receipt of the list, declares its non-accept- ance in writing.

The State Party may include the reason for the objection.
In the case of non-acceptance, the proposed inspector or in- spection assistant shall not undertake or participate in verifi- cation activities on the territory or in any other place under the jurisdiction or control of the State Party which has declared its non-acceptance.

The Technical Secretariat shall, as necessary, submit further proposals in addition to the original list.

Verification activities under this Convention shall only be per- formed by designated inspectors and inspection assistants.
Subject to the provisions of paragraph 5, a State Party has the right at any time to object to an inspector or inspection as- sistant who has already been designated.

It shall notify the Technical Secretariat of its objection in writing and may in- clude the reason for the objection.

Such objection shall come into effect 30 days after receipt by the Technical Secretariat.
The Technical Secretariat shall immediately inform the State Party concerned of the withdrawal of the designation of the inspector or inspection assistant.

A State Party that has been notified of an inspection shall not seek to have removed from the inspection team for that inspec- tion any of the designated inspectors or inspection assistants named in the inspection team list.
The number of inspectors or inspection assistants accepted by and designated to a State Party must be sufficient to allow for availability and rotation of appropriate numbers of inspectors and inspection assistants.

If, in the opinion of the Director-General, the non-acceptance of proposed inspectors or inspection assistants impedes the designation of a sufficient number of inspectors or inspection assistants or otherwise hampers the effective fulfilment of the 3.

4.

5.

6.

7.
4.

5.

6.

7.

80 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part II—continued A.—continued tasks of the Technical Secretariat, the Director-General shall refer the issue to the Executive Council.

8.

Whenever amendments to the above-mentioned lists of in- spectors and inspection assistants are necessary or requested, replacement inspectors and inspection assistants shall be des- ignated in the same manner as set forth with respect to the ini- tial list.
The members of the inspection team carrying out an inspection of a facility of a State Party located on the territory of another State Party shall be designated in accordance with the proced- ures set forth in this Annex as applied both to the inspected State Party and the Host State Party.

9.

10.

11.
9.

10.

11.

B.—Privileges and immunities Each State Party shall, not later than 30 days after acknow- ledgement of receipt of the list of inspectors and inspection assistants or of changes thereto, provide multiple entry/exit and/or transit visas and other such documents to enable each inspector or inspection assistant to enter and to remain on the territory of that State Party for the purpose of carrying out in- spection activities.
These documents shall be valid for at least two years after their provision to the Technical Secretariat.

To exercise their functions effectively, inspectors and inspec- tion assistants shall be accorded privileges and immunities as set forth in subparagraphs (a) to (i).

Privileges and immunities shall be granted to members of the inspection team for the sake of this Convention and not for the personal benefit of the indi- viduals themselves.
Such privileges and immunities shall be accorded to them for the entire period between arrival on and departure from the territory of the inspected State Party or Host State, and thereafter with respect to acts previously performed in the exercise of their official functions.

(a) The members of the inspection team shall be accorded the inviolability enjoyed by diplomatic agents pursuant to Article 29 of the Vienna Convention on Diplomatic Relations of 18 April 1961.
81 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part II—continued B.—continued (b) (c) (d) (e) (f) (g) (h) The living quarters and office premises occupied by the inspection team carrying out inspection activities pur- suant to this Convention shall be accorded the inviola- bility and protection accorded to the premises of diplo- matic agents pursuant to Article 30, paragraph 1, of the Vienna Convention on Diplomatic Relations.
The papers and correspondence, including records, of the inspection team shall enjoy the inviolability accorded to all papers and correspondence of diplo- matic agents pursuant to Article 30, paragraph 2, of the Vienna Convention on Diplomatic Relations.

The inspection team shall have the right to use codes for their communications with the Technical Secretariat.
Samples and approved equipment carried by members of the inspection team shall be inviolable subject to pro- visions contained in this Convention and exempt from all customs duties.

Hazardous samples shall be trans- ported in accordance with relevant regulations.

The members of the inspection team shall be accorded the immunities accorded to diplomatic agents pursuant to Article 31, paragraphs 1, 2 and 3, of the Vienna Con- vention on Diplomatic Relations.
The members of the inspection team carrying out pre- scribed activities pursuant to this Convention shall be accorded the exemption from dues and taxes accorded to diplomatic agents pursuant to Article 34 of the Vi- enna Convention on Diplomatic Relations.
The members of the inspection team shall be permitted to bring into the territory of the inspected State Party or Host State Party, without payment of any customs du- ties or related charges, articles for personal use, with the exception of articles the import or export of which is prohibited by law or controlled by quarantine regula- tions.
The members of the inspection team shall be accorded the same currency and exchange facilities as are ac- 82 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part II—continued B.—continued (i) corded to representatives of foreign Governments on temporary official missions.

The members of the inspection team shall not engage in any professional or commercial activity for personal profit on the territory of the inspected State Party or the Host State.

12.
12.

When transiting the territory of non-inspected States Parties, the members of the inspection team shall be accorded the privileges and immunities enjoyed by diplomatic agents pur- suant to Article 40, paragraph 1, of the Vienna Convention on Diplomatic Relations.

Papers and correspondence, including records, and samples and approved equipment, carried by them, shall be accorded the privileges and immunities set forth in paragraph 11(c) and (d).

13.
13.

Without prejudice to their privileges and immunities the mem- bers of the inspection team shall be obliged to respect the laws and regulations of the inspected State Party or Host State and, to the extent that is consistent with the inspection mandate, shall be obliged not to interfere in the internal affairs of that State.
If the inspected State Party or Host State Party consid- ers that there has been an abuse of privileges and immunities specified in this Annex, consultations shall be held between the State Party and the Director-General to determine whether such an abuse has occurred and, if so determined, to prevent a repetition of such an abuse.
The immunity from jurisdiction of members of the inspection team may be waived by the Director-General in those cases when the Director-General is of the opinion that immunity would impede the course of justice and that it can be waived without prejudice to the implementation of the provisions of this Convention.

Waiver must always be express.

14.

15.


Observers shall be accorded the same privileges and immun- ities accorded to inspectors pursuant to this section, except for those accorded pursuant to paragraph 11(d).
83 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part II—continued C.—Standing arrangements Points of entry Each State Party shall designate the points of entry and shall supply the required information to the Technical Secretariat not later than 30 days after this Convention enters into force for it.

These points of entry shall be such that the inspection team can reach any inspection site from at least one point of entry within 12 hours.
Locations of points of entry shall be provided to all States Parties by the Technical Secretariat.

Each State Party may change the points of entry by giving notice of such change to the Technical Secretariat.

Changes shall become effective 30 days after the Technical Secretariat receives such notification to allow appropriate notification to all States Parties.
If the Technical Secretariat considers that there are insuffi- cient points of entry for the timely conduct of inspections or that changes to the points of entry proposed by a State Party would hamper such timely conduct of inspections, it shall en- ter into consultation with the State Party concerned to resolve the problem.
In cases where facilities or areas of an inspected State Party are located on the territory of a Host State Party or where the access from the point of entry to the facilities or areas subject to inspection requires transit through the territory of another State Party, the inspected State Party shall exercise the rights and fulfil the obligations concerning such inspections in ac- cordance with this Annex.
The Host State Party shall facilitate the inspection of those facilities or areas and shall provide for the necessary support to enable the inspection team to carry out its tasks in a timely and effective manner.

States Parties through whose territory transit is required to inspect facilities or areas of an inspected State Party shall facilitate such transit.
In cases where facilities or areas of an inspected State Party are located on the territory of a State not Party to this Conven- tion, the inspected State Party shall take all necessary meas- ures to ensure that inspections of those facilities or areas can 16.

17.

18.

19.

20.

84 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex 21.

22.

Part II—continued C.—continued be carried out in accordance with the provisions of this An- nex.
A State Party that has one or more facilities or areas on the territory of a State not Party to this Convention shall take all necessary measures to ensure acceptance by the Host State of inspectors and inspection assistants designated to that State Party.

If an inspected State Party is unable to ensure access, it shall demonstrate that it took all necessary measures to ensure access.
In cases where the facilities or areas sought to be inspected are located on the territory of a State Party, but in a place under the jurisdiction or control of a State not Party to this Convention, the State Party shall take all necessary measures as would be required of an inspected State Party and a Host State Party to ensure that inspections of such facilities or areas can be carried out in accordance with the provisions of this Annex.
If the State Party is unable to ensure access to those facilities or areas, it shall demonstrate that it took all necessary measures to ensure access.

This paragraph shall not apply where the facilities or areas sought to be inspected are those of the State Party.
Arrangements for use of non-scheduled aircraft For inspections pursuant to Article IX and for other inspec- tions where timely travel is not feasible using scheduled com- mercial transport, an inspection team may need to utilize air- craft owned or chartered by the Technical Secretariat.
Not later than 30 days after this Convention enters into force for it, each State Party shall inform the Technical Secretariat of the stand- ing diplomatic clearance number for non-scheduled aircraft transporting inspection teams and equipment necessary for in- spection into and out of the territory in which an inspection site is located.
Aircraft routings to and from the designated point of entry shall be along established international airways that are agreed upon between the States Parties and the Technical Secretariat as the basis for such diplomatic clearance.

85 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part II—continued C.—continued 23.
When a non-scheduled aircraft is used, the Technical Secre- tariat shall provide the inspected State Party with a flight plan, through the National Authority, for the aircraft’s flight from the last airfield prior to entering the airspace of the State in which the inspection site is located to the point of entry, not less than six hours before the scheduled departure time from that air- field.
Such a plan shall be filed in accordance with the proced- ures of the International Civil Aviation Organization applic- able to civil aircraft.

For its owned or chartered flights, the Technical Secretariat shall include in the remarks section of each flight plan the standing diplomatic clearance number and the appropriate notation identifying the aircraft as an inspec- tion aircraft.

24.
24.

Not less than three hours before the scheduled departure of the inspection team from the last airfield prior to entering the airspace of the State in which the inspection is to take place, the inspected State Party or Host State Party shall ensure that the flight plan filed in accordance with paragraph 23 is approved so that the inspection team may arrive at the point of entry by the estimated arrival time.
The inspected State Party shall provide parking, security pro- tection, servicing and fuel as required by the Technical Sec- retariat for the aircraft of the inspection team at the point of entry when such aircraft is owned or chartered by the Tech- nical Secretariat.

Such aircraft shall not be liable for landing fees, departure tax, and similar charges.

The Technical Secre- tariat shall bear the cost of such fuel, security protection and servicing.

25.
25.

Administrative arrangements The inspected State Party shall provide or arrange for the amenities necessary for the inspection team such as commu- nication means, interpretation services to the extent necessary for the performance of interviewing and other tasks, trans- portation, working space, lodging, meals and medical care.

In this regard, the inspected State Party shall be reimbursed 26.

86 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex 27.

28.

29.
28.

29.

Part II—continued C.—continued by the Organization for such costs incurred by the inspection team.

Approved equipment Subject to paragraph 29, there shall be no restriction by the in- spected State Party on the inspection team bringing onto the inspection site such equipment, approved in accordance with paragraph 28, which the Technical Secretariat has determined to be necessary to fulfil the inspection requirements.
The Tech- nical Secretariat shall prepare and, as appropriate, update a list of approved equipment, which may be needed for the purposes described above, and regulations governing such equipment which shall be in accordance with this Annex.

In establishing the list of approved equipment and these regulations, the Tech- nical Secretariat shall ensure that safety considerations for all the types of facilities at which such equipment is likely to be used, are taken fully into account.
A list of approved equip- ment shall be considered and approved by the Conference pur- suant to Article VIII, paragraph 21(i).

The equipment shall be in the custody of the Technical Secre- tariat and be designated, calibrated and approved by the Tech- nical Secretariat.

The Technical Secretariat shall, to the extent possible, select that equipment which is specifically designed for the specific kind of inspection required.
Designated and approved equipment shall be specifically protected against un- authorized alteration.

The inspected State Party shall have the right, without preju- dice to the prescribed time-frames, to inspect the equipment in the presence of inspection team members at the point of en- try, i.e., to check the identity of the equipment brought in or removed from the territory of the inspected State Party or the Host State.
To facilitate such identification, the Technical Sec- retariat shall attach documents and devices to authenticate its designation and approval of the equipment.

The inspection of the equipment shall also ascertain to the satisfaction of the in- spected State Party that the equipment meets the description 87 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part II—continued C.—continued of the approved equipment for the particular type of inspec- tion.
The inspected State Party may exclude equipment not meeting that description or equipment without the above-men- tioned authentication documents and devices.

Procedures for the inspection of equipment shall be considered and approved by the Conference pursuant to Article VIII, paragraph 21(i).
In cases where the inspection team finds it necessary to use equipment available on site not belonging to the Technical Secretariat and requests the inspected State Party to enable the team to use such equipment, the inspected State Party shall comply with the request to the extent it can.

30.

D.—Pre-inspection activities Notification 31.


The Director-General shall notify the State Party before the planned arrival of the inspection team at the point of entry and within the prescribed time-frames, where specified, of its intention to carry out an inspection.

32.
32.

Notifications made by the Director-General shall include the following information: (a) (b) (c) The type of inspection; The point of entry; The date and estimated time of arrival at the point of entry; The means of arrival at the point of entry; (d) The site to be inspected; (e) The names of inspectors and inspection assistants; (f) (g) If appropriate, aircraft clearance for special flights.
The inspected State Party shall acknowledge the receipt of a notification by the Technical Secretariat of an intention to con- duct an inspection, not later than one hour after receipt of such notification.

In the case of an inspection of a facility of a State Party located on the territory of another State Party, both States Parties shall 33.

34.
34.

88 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part II—continued D.—continued be simultaneously notified in accordance with paragraphs 31 and 32.

Entry into the territory of the inspected State Party or Host State and transfer to the inspection site 35.

36.
36.

The inspected State Party or Host State Party which has been notified of the arrival of an inspection team, shall ensure its im- mediate entry into the territory and shall through an in-country escort or by other means do everything in its power to ensure the safe conduct of the inspection team and its equipment and supplies, from its point of entry to the inspection site(s) and to a point of exit.
The inspected State Party or Host State Party shall, as neces- sary, assist the inspection team in reaching the inspection site not later than 12 hours after the arrival at the point of entry.

Pre-inspection briefing 37.


Upon arrival at the inspection site and before the commence- ment of the inspection, the inspection team shall be briefed by facility representatives, with the aid of maps and other docu- mentation as appropriate, on the facility, the activities carried out there, safety measures and administrative and logistic ar- rangements necessary for the inspection.

The time spent for the briefing shall be limited to the minimum necessary and in any event not exceed three hours.
E.—Conduct of inspections General rules 38.

The members of the inspection team shall discharge their func- tions in accordance with the provisions of this Convention, as well as rules established by the Director-General and facility agreements concluded between States Parties and the Organ- ization.

89 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part II—continued E.—continued 39.

40.

41.
40.

41.

The inspection team shall strictly observe the inspection man- date issued by the Director-General.

It shall refrain from ac- tivities going beyond this mandate.

The activities of the inspection team shall be so arranged as to ensure the timely and effective discharge of its functions and the least possible inconvenience to the inspected State Party or Host State and disturbance to the facility or area in- spected.
The inspection team shall avoid unnecessarily ham- pering or delaying the operation of a facility and avoid affect- ing its safety.

In particular, the inspection team shall not op- erate any facility.

If inspectors consider that, to fulfil their mandate, particular operations should be carried out in a fa- cility, they shall request the designated representative of the inspected facility to have them performed.

The representative shall carry out the request to the extent possible.
In the performance of their duties on the territory of an in- spected State Party or Host State, the members of the inspec- tion team shall, if the inspected State Party so requests, be ac- companied by representatives of the inspected State Party, but the inspection team must not thereby be delayed or otherwise hindered in the exercise of its functions.

42.
42.

Detailed procedures for the conduct of inspections shall be de- veloped for inclusion in the inspection manual by the Tech- nical Secretariat, taking into account guidelines to be consid- ered and approved by the Conference pursuant to Article VIII, paragraph 21(i).
Safety In carrying out their activities, inspectors and inspection as- sistants shall observe safety regulations established at the in- spection site, including those for the protection of controlled environments within a facility and for personal safety.

In order to implement these requirements, appropriate detailed proced- ures shall be considered and approved by the Conference pur- suant to Article VIII, paragraph 21(i).

43.
43.

90 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part II—continued E.—continued Communications 44.

45.

46.

47.

48.

Inspectors shall have the right throughout the in-country period to communicate with the Headquarters of the Tech- nical Secretariat.

For this purpose they may use their own, duly certified, approved equipment and may request that the inspected State Party or Host State Party provide them with access to other telecommunications.
The inspection team shall have the right to use its own two-way system of radio communications between personnel patrolling the perimeter and other members of the inspection team.

Inspection team and inspected State Party rights The inspection team shall, in accordance with the relevant Art- icles and Annexes of this Convention as well as with facility agreements and procedures set forth in the inspection manual, have the right to unimpeded access to the inspection site.
The items to be inspected will be chosen by the inspectors.

Inspectors shall have the right to interview any facility per- sonnel in the presence of representatives of the inspected State Party with the purpose of establishing relevant facts.

Inspect- ors shall only request information and data which are neces- sary for the conduct of the inspection, and the inspected State Party shall furnish such information upon request.
The in- spected State Party shall have the right to object to questions posed to the facility personnel if those questions are deemed not relevant to the inspection.

If the head of the inspection team objects and states their relevance, the questions shall be provided in writing to the inspected State Party for reply.
The inspection team may note any refusal to permit interviews or to allow questions to be answered and any explanations given, in that part of the inspection report that deals with the cooper- ation of the inspected State Party.

Inspectors shall have the right to inspect documentation and records they deem relevant to the conduct of their mission.
Inspectors shall have the right to have photographs taken at their request by representatives of the inspected State Party or 91 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 49.

50.

51.

Part II—continued E.—continued of the inspected facility.

The capability to take instant devel- opment photographic prints shall be available.

The inspection team shall determine whether photographs conform to those requested and, if not, repeat photographs shall be taken.
The inspection team and the inspected State Party shall each retain one copy of every photograph.

The representatives of the inspected State Party shall have the right to observe all verification activities carried out by the inspection team.

The inspected State Party shall receive copies, at its request, of the information and data gathered about its facility(ies) by the Technical Secretariat.
Inspectors shall have the right to request clarifications in con- nection with ambiguities that arise during an inspection.

Such requests shall be made promptly through the representative of the inspected State Party.

The representative of the inspected State Party shall provide the inspection team, during the in- spection, with such clarification as may be necessary to re- move the ambiguity.
If questions relating to an object or a building located within the inspection site are not resolved, the object or building shall, if requested, be photographed for the purpose of clarifying its nature and function.

If the ambi- guity cannot be removed during the inspection, the inspect- ors shall notify the Technical Secretariat immediately.

The inspectors shall include in the inspection report any such un- resolved question, relevant clarifications, and a copy of any photographs taken.
Collection, handling and analysis of samples 52.

Representatives of the inspected State Party or of the inspected facility shall take samples at the request of the inspection team in the presence of inspectors.

If so agreed in advance with the representatives of the inspected State Party or of the inspected facility, the inspection team may take samples itself.

53.

Where possible, the analysis of samples shall be performed on-site.
The inspection team shall have the right to perform 92 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part II—continued E.—continued 54.

55.

56. on-site analysis of samples using approved equipment brought by it.

At the request of the inspection team, the inspected State Party shall, in accordance with agreed procedures, provide as- sistance for the analysis of samples on-site.
Alternatively, the inspection team may request that appropriate analysis on-site be performed in its presence.

The inspected State Party has the right to retain portions of all samples taken or take duplicate samples and be present when samples are analysed on-site.

The inspection team shall, if it deems it necessary, transfer samples for analysis off-site at laboratories designated by the Organization.
The Director-General shall have the primary responsibility for the security, integrity and preservation of samples and for en- suring that the confidentiality of samples transferred for ana- lysis off-site is protected.

The Director-General shall do so in accordance with procedures, to be considered and approved by the Conference pursuant to Article VIII, paragraph 21(i), for inclusion in the inspection manual.
He shall: (a) Establish a stringent regime governing the collection, handling, transport and analysis of samples; Certify the laboratories designated to perform different types of analysis; Oversee the standardization of equipment and proced- ures at these designated laboratories, mobile analytical equipment and procedures, and monitor quality control and overall standards in relation to the certification of these laboratories, mobile equipment and procedures; and Select from among the designated laboratories those which shall perform analytical or other functions in re- lation to specific investigations.
(b) (c) (d) 57.

When off-site analysis is to be performed, samples shall be analysed in at least two designated laboratories.

The Tech- nical Secretariat shall ensure the expeditious processing of the analysis.

The samples shall be accounted for by the Technical 93 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part II—continued E.—continued 58.

Secretariat and any unused samples or portions thereof shall be returned to the Technical Secretariat.
The Technical Secretariat shall compile the results of the la- boratory analysis of samples relevant to compliance with this Convention and include them in the final inspection report.

The Technical Secretariat shall include in the report detailed information concerning the equipment and methodology em- ployed by the designated laboratories.

Extension of inspection duration 59.

Periods of inspection may be extended by agreement with the representative of the inspected State Party.

Debriefing 60.
Debriefing 60.

Upon completion of an inspection the inspection team shall meet with representatives of the inspected State Party and the personnel responsible for the inspection site to review the pre- liminary findings of the inspection team and to clarify any am- biguities.
The inspection team shall provide to the represen- tatives of the inspected State Party its preliminary findings in written form according to a standardized format, together with a list of any samples and copies of written information and data gathered and other material to be taken off-site.

The docu- ment shall be signed by the head of the inspection team.
In order to indicate that he has taken notice of the contents of the document, the representative of the inspected State Party shall countersign the document.

This meeting shall be completed not later than 24 hours after the completion of the inspection.

F.—Departure 61.

Upon completion of the post-inspection procedures, the in- spection team shall leave, as soon as possible, the territory of the inspected State Party or the Host State.
94 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part II—continued 63.

G.—Reports 62.

Not later than 10 days after the inspection, the inspectors shall prepare a factual, final report on the activities conducted by them and on their findings.

It shall only contain facts relevant to compliance with this Convention, as provided for under the inspection mandate.
The report shall also provide information as to the manner in which the State Party inspected cooperated with the inspection team.

Differing observations made by in- spectors may be attached to the report.

The report shall be kept confidential.

The final report shall immediately be submitted to the in- spected State Party.

Any written comments, which the inspected State Party may immediately make on its findings shall be annexed to it.
The final report together with annexed comments made by the inspected State Party shall be submit- ted to the Director-General not later than 30 days after the inspection.

Should the report contain uncertainties, or should cooperation between the National Authority and the inspectors not meas- ure up to the standards required, the Director-General shall approach the State Party for clarification.
If the uncertainties cannot be removed or the facts established are of a nature to suggest that obligations undertaken under this Convention have not been met, the Director-General shall inform the Executive Council without delay.

64.

65.

H.—Application of general provisions 66.


The provisions of this Part shall apply to all inspections con- ducted pursuant to this Convention, except where the provi- sions of this Part differ from the provisions set forth for spe- cific types of inspections in Parts III to XI of this Annex, in which case the latter provisions shall take precedence.
95 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part III General provisions for verification measures pursuant to Articles IV, V and VI, paragraph 3 A.—Initial inspections and facility agreements Each declared facility subject to on-site inspection pursuant to Articles IV, V, and VI, paragraph 3, shall receive an initial in- spection promptly after the facility is declared.
The purpose of this inspection of the facility shall be to verify information provided and to obtain any additional information needed for planning future verification activities at the facility, including on-site inspections and continuous monitoring with on-site in- struments, and to work on the facility agreements.
States Parties shall ensure that the verification of declarations and the initiation of the systematic verification measures can be accomplished by the Technical Secretariat at all facilities within the established time-frames after this Convention enters into force for them.

Each State Party shall conclude a facility agreement with the Organisation for each facility declared and subject to on-site inspection pursuant to Articles IV, V, and VI, paragraph 3.
Facility agreements shall be completed not later than 180 days after this Convention enters into force for the State Party or after the facility has been declared for the first time, except for a chemical weapons destruction facility to which paragraphs 5 to 7 shall apply.
In the case of a chemical weapons destruction facility that be- gins operations more than one year after this Convention en- ters into force for the State Party, the facility agreement shall be completed not less than 180 days before the facility begins operation.
In the case of a chemical weapons destruction facility that is in operation when this Convention enters into force for the State Party, or begins operation not later than one year thereafter, the facility agreement shall be completed not later than 210 days after this Convention enters into force for the State Party, 1.

2.

3.

4.

5.

6.
2.

3.

4.

5.

6.

96 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part III—continued A.—continued except that the Executive Council may decide that transitional verification arrangements, approved in accordance with Part IV(A), paragraph 51, of this Annex and including a transitional facility agreement, provisions for verification through on-site inspection and monitoring with on-site instruments, and the time-frame for application of the arrangements, are sufficient.
In the case of a facility, referred to in paragraph 6, that will cease operations not later than two years after this Convention enters into force for the State Party, the Executive Council may decide that transitional verification arrangements, approved in accordance with Part IV(A), paragraph 51, of this Annex and including a transitional facility agreement, provisions for veri- fication through on-site inspection and monitoring with on-site instruments, and the time-frame for application of the arrange- ments, are sufficient.
Facility agreements shall be based on models for such agree- ments and provide for detailed arrangements which shall gov- ern inspections at each facility.

The model agreements shall include provisions to take into account future technological developments and shall be considered and approved by the Conference pursuant to Article VIII, paragraph 21(i).
The Technical Secretariat may retain at each site a sealed con- tainer for photographs, plans and other information that it may wish to refer to in the course of subsequent inspections.

7.

8.

9.

B.—Standing arrangements 10.


Where applicable, the Technical Secretariat shall have the right to have continuous monitoring instruments and systems and seals installed and to use them, in conformity with the relevant provisions in this Convention and the facility agree- ments between States Parties and the Organization.
The inspected State Party shall, in accordance with agreed pro- cedures, have the right to inspect any instrument used or in- stalled by the inspection team and to have it tested in the pres- ence of representatives of the inspected State Party.

The in- spection team shall have the right to use the instruments that 11.
97 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part III—continued B.—continued were installed by the inspected State Party for its own monitor- ing of the technological process of the destruction of chemical weapons.

To this end, the inspection team shall have the right to inspect those instruments that it intends to use for purposes of verification of the destruction of chemical weapons and to have them tested in its presence.
The inspected State Party shall provide the necessary prepar- ation and support for the establishment of continuous monitor- ing instruments and systems.

In order to implement paragraphs 11 and 12, appropriate detailed procedures shall be considered and approved by the Conference pursuant to Article VIII, paragraph 21(i).
The inspected State Party shall immediately notify the Tech- nical Secretariat if an event occurs or may occur at a facility where monitoring instruments are installed, which may have an impact on the monitoring system.

The inspected State Party shall coordinate subsequent actions with the Technical Secre- tariat with a view to restoring the operation of the monitor- ing system and establishing interim measures, if necessary, as soon as possible.
The inspection team shall verify during each inspection that the monitoring system functions correctly and that emplaced seals have not been tampered with.

In addition, visits to ser- vice the monitoring system may be required to perform any necessary maintenance or replacement of equipment, or to ad- just the coverage of the monitoring system as required.
If the monitoring system indicates any anomaly, the Technical Secretariat shall immediately take action to determine whether this resulted from equipment malfunction or activities at the facility.

If, after this examination, the problem remains unre- solved, the Technical Secretariat shall immediately ascertain the actual situation, including through immediate on-site in- spection of, or visit to, the facility if necessary.
The Technical Secretariat shall report any such problem immediately after its detection to the inspected State Party which shall assist in its resolution.

12.

13.

14.

15.

16.

98 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part III—continued C.—Pre-inspection activities 17.

18.
18.

The inspected State Party shall, except as specified in para- graph 18, be notified of inspections not less than 24 hours in advance of the planned arrival of the inspection team at the point of entry.

The inspected State Party shall be notified of initial inspec- tions not less than 72 hours in advance of the estimated time of arrival of the inspection team at the point of entry.
Part IV(A) Destruction of chemical weapons and its verification pursuant to Article IV A.—Declarations Chemical weapons 1.
The declaration of chemical weapons by a State Party pursuant to Article III, paragraph 1(a)(ii), shall include the following: (a) (b) The aggregate quantity of each chemical declared; The precise location of each chemical weapons storage facility, expressed by: (i) Name; (ii) Geographical coordinates; and (iii) A detailed site diagram, including a boundary map and the location of bunkers/storage areas within the facility.
(c) The detailed inventory for each chemical weapons stor- age facility including: (i) Chemicals defined as chemical weapons in ac- cordance with Article II; (ii) Unfilled munitions, sub-munitions, devices and equipment defined as chemical weapons; (iii) Equipment specially designed for use directly in connection with the employment of munitions, sub-munitions, devices or equipment specified in sub-subparagraph (ii); (iv) Chemicals specifically designed for use directly in connection with the employment of munitions, 99 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part IV(A)—continued A.—continued sub-munitions, devices or equipment specified in sub-subparagraph (ii).
For the declaration of chemicals referred to in paragraph 1(c)(i) the following shall apply: (a) (b) (c) (d) (e) Chemicals shall be declared in accordance with the Schedules specified in the Annex on Chemicals; For a chemical not listed in the Schedules in the An- nex on Chemicals the information required for possible assignment of the chemical to the appropriate Sched- ule shall be provided, including the toxicity of the pure compound.
For a precursor, the toxicity and identity of the principal final reaction product(s) shall be provided; Chemicals shall be identified by chemical name in ac- cordance with current International Union of Pure and Applied Chemistry (IUPAC) nomenclature, structural formula and Chemical Abstracts Service registry num- ber, if assigned.
For a precursor, the toxicity and iden- tity of the principal final reaction product(s) shall be provided; In cases involving mixtures of two or more chemicals, each chemical shall be identified and the percentage of each shall be provided, and the mixture shall be declared under the category of the most toxic chemical.
If a com- ponent of a binary chemical weapon consists of a mix- ture of two or more chemicals, each chemical shall be identified and the percentage of each provided; Binary chemical weapons shall be declared under the relevant end product within the framework of the cat- egories of chemical weapons referred to in paragraph 16.
The following supplementary information shall be provided for each type of binary chemical munition/de- vice: (i) (ii) The chemical name of the toxic end-product; The chemical composition and quantity of each component; (iii) The actual weight ratio between the components; 2.
100 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part IV(A)—continued A.—continued (iv) Which component is considered the key compo- (v) nent; The projected quantity of the toxic end-product calculated on a stoichiometric basis from the key component, assuming 100 per cent yield.
A de- clared quantity (in tonnes) of the key component intended for a specific toxic end-product shall be considered equivalent to the quantity (in tonnes) of this toxic end-product calculated on a stoichio- metric basis assuming 100 per cent yield.

For multicomponent chemical weapons, the declaration shall be analogous to that envisaged for binary chemical weapons; For each chemical the form of storage, i.e.
munitions, sub-munitions, devices, equipment or bulk containers and other containers shall be declared.

For each form of storage the following shall be listed: Type; (i) (ii) Size or calibre; (iii) Number of items; and (iv) Nominal weight of chemical fill per item; For each chemical the total weight present at the storage facility shall be declared; In addition, for chemicals stored in bulk, the percentage purity shall be declared, if known.

(f) (g) (h) (i) 3.
(f) (g) (h) (i) 3.

For each type of unfilled munitions, sub-munitions, devices or equipment, referred to in paragraph 1(c)(ii), the information shall include: (a) (b) (c) The number of items; The nominal fill volume per item; The intended chemical fill.

Declarations of chemical weapons pursuant to Article III, paragraph 1(a)(iii) 4.
The declaration of chemical weapons pursuant to Article III, paragraph 1(a)(iii), shall contain all information specified in 101 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part IV(A)—continued A.—continued paragraphs 1 to 3 above.

It is the responsibility of the State Party on whose territory the chemical weapons are located to make appropriate arrangements with the other State to ensure that the declarations are made.
If the State Party on whose territory the chemical weapons are located is not able to fulfil its obligations under this paragraph, it shall state the reasons therefor.

Declarations of past tranfers and receipts A State Party that has transferred or received chemical weapons since 1 January 1946 shall declare these transfers or receipts pursuant to Article III, paragraph 1(a)(iv), pro- vided the amount transferred or received exceeded 1 tonne per chemical per year in bulk and/or munition form.
This declaration shall be made according to the inventory format specified in paragraphs 1 and 2.

This declaration shall also indicate the supplier and recipient countries, the dates of the transfers or receipts and, as precisely as possible, the current location of the transferred items.
When not all the specified information is available for transfers or receipts of chemical weapons for the period between 1 January 1946 and 1 January 1970, the State Party shall declare whatever information is still available to it and provide an explanation as to why it cannot submit a full declaration.
Submission of the general plan for destruction of chemical weapons The general plan for destruction of chemical weapons submit- ted pursuant to Article III, paragraph 1(a)(v), shall provide an overview of the entire national chemical weapons destruction programme of the State Party and information on the efforts of the State Party to fulfil the destruction requirements contained in this Convention.
The plan shall specify: (a) A general schedule for destruction, giving types and ap- proximate quantities of chemical weapons planned to be destroyed in each annual destruction period for each 5.

6.
102 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part IV(A)—continued A.—continued existing chemical weapons destruction facility and, if possible, for each planned chemical weapons destruc- tion facility; The number of chemical weapons destruction facilities existing or planned to be operated over the destruction period; For each existing or planned chemical weapons destruc- tion facility: (i) (ii) Name and location; and The types and approximate quantities of chem- ical weapons, and the type (for example, nerve agent or blister agent) and approximate quantity of chemical fill, to be destroyed; The plans and programmes for training personnel for the operation of destruction facilities; The national standards for safety and emissions that the destruction facilities must satisfy; Information on the development of new methods for de- struction of chemical weapons and on the improvement of existing methods; The cost estimates weapons; and for destroying the chemical (b) (c) (d) (e) (f) (g) (h) Any issues which could adversely impact on the na- tional destruction programme.
7.

8.

B.—Measures to secure the storage facility and storage facility preparation Not later than when submitting its declaration of chemical weapons, a State Party shall take such measures as it consid- ers appropriate to secure its storage facilities and shall prevent any movement of its chemical weapons out of the facilities, except their removal for destruction.
A State Party shall ensure that chemical weapons at its storage facilities are configured to allow ready access for verification in accordance with paragraphs 37 to 49.

103 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part IV(A)—continued B.—continued 9.
While a storage facility remains closed for any movement of chemical weapons out of the facility other than their removal for destruction, a State Party may continue at the facility stand- ard maintenance activities, including standard maintenance of chemical weapons; safety monitoring and physical security ac- tivities; and preparation of chemical weapons for destruction.

10.
10.

Maintenance activities of chemical weapons shall not include: Replacement of agent or of munition bodies; (a) (b) Modification of the original characteristics of muni- tions, or parts or components thereof.

11.

All maintenance activities shall be subject to monitoring by the Technical Secretariat.
C.—Destruction Principles and methods for destruction of chemical weapons “Destruction of chemical weapons” means a process by which chemicals are converted in an essentially irreversible way to a form unsuitable for production of chemical weapons, and which in an irreversible manner renders munitions and other devices unusable as such.
Each State Party shall determine how it shall destroy chem- ical weapons, except that the following processes may not be used: dumping in any body of water, land burial or open-pit burning.

It shall destroy chemical weapons only at specifically designated and appropriately designed and equipped facilities.
Each State Party shall ensure that its chemical weapons de- struction facilities are constructed and operated in a manner to ensure the destruction of the chemical weapons; and that the destruction process can be verified under the provisions of this Convention.

12.

13.

14.

104 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part IV(A)—continued C.—continued Order of destruction 15.

16.
16.

The order of destruction of chemical weapons is based on the obligations specified in Article I and the other Articles, includ- ing obligations regarding systematic on-site verification.
It takes into account interests of States Parties for undiminished security during the destruction period; confidence-building in the early part of the destruction stage; gradual acquisition of experience in the course of destroying chemical weapons; and applicability irrespective of the actual composition of the stockpiles and the methods chosen for the destruction of the chemical weapons.

The order of destruction is based on the principle of levelling out.
For the purpose of destruction, chemical weapons declared by each State Party shall be divided into three categories: Category 1: Category 2: Category 3: Chemical weapons on the basis of Sched- ule 1 chemicals and their parts and compo- nents; Chemical weapons on the basis of all other chemicals and their parts and components; Unfilled munitions and devices, and equip- ment specifically designed for use directly in connection with employment of chem- ical weapons.

17.
17.

A State Party shall start: (a) The destruction of Category 1 chemical weapons not later than two years after this Convention enters into force for it, and shall complete the destruction not later than 10 years after entry into force of this Convention.

A State Party shall destroy chemical weapons in accord- ance with the following destruction deadlines: (i) Phase 1: Not later than two years after entry into force of this Convention, testing of its first destruction facility shall be completed.
Not less than 1 per cent of the Category 1 chemical weapons shall be destroyed not later than three 105 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part IV(A)—continued C.—continued (ii) years after the entry into force of this Conven- tion; Phase 2: Not less than 20 per cent of the Category 1 chemical weapons shall be destroyed not later than five years after the entry into force of this Convention; (iii) Phase 3: Not less than 45 per cent of the Category 1 chemical weapons shall be destroyed not later than seven years after the entry into force of this Convention; Phase 4: All Category 1 chemical weapons shall be destroyed not later than 10 years after the entry into force of this Convention.
(iv) The destruction of Category 2 chemical weapons not later than one year after this Convention enters into force for it and shall complete the destruction not later than five years after the entry into force of this Conven- tion.

Category 2 chemical weapons shall be destroyed in equal annual increments throughout the destruction period.
The comparison factor for such weapons is the weight of the chemicals within Category 2; and The destruction of Category 3 chemical weapons not later than one year after this Convention enters into force for it, and shall complete the destruction not later than five years after the entry into force of this Conven- tion.

Category 3 chemical weapons shall be destroyed in equal annual increments throughout the destruction period.
The comparison factor for unfilled munitions and devices is expressed in nominal fill volume (m3) and for equipment in number of items.

(b) (c) For the destruction of binary chemical weapons the following shall apply: (a) For the purposes of the order of destruction, a declared quantity (in tonnes) of the key component intended for a specific toxic end-product shall be considered equiva- lent to the quantity (in tonnes) of this toxic end-product 18.
106 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part IV(A)—continued C.—continued calculated on a stoichiometric basis assuming 100 per cent yield.

(b) A requirement to destroy a given quantity of the key component shall entail a requirement to destroy a cor- responding quantity of the other component, calculated from the actual weight ratio of the components in the relevant type of binary chemical munition/device.
If more of the other component is declared than is needed, based on the actual weight ratio between com- ponents, the excess shall be destroyed over the first two years after destruction operations begin.

(c) (d) At the end of each subsequent operational year a State Party may retain an amount of the other declared com- ponent that is determined on the basis of the actual weight ratio of the components in the relevant type of binary chemical munition/device.

19.
19.

For multicomponent chemical weapons the order of destruc- tion shall be analogous to that envisaged for binary chemical weapons.

20.

21.

Modification of intermediate destruction deadlines The Executive Council shall review the general plans for de- struction of chemical weapons, submitted pursuant to Article III, paragraph 1(a)(v), and in accordance with paragraph 6, in- ter alia, to assess their conformity with the order of destruction set forth in paragraphs 15 to 19.
The Executive Council shall consult with any State Party whose plan does not conform, with the objective of bringing the plan into conformity.

If a State Party, due to exceptional circumstances beyond its control, believes that it cannot achieve the level of destruc- tion specified for Phase 1, Phase 2 or Phase 3 of the order of destruction of Category 1 chemical weapons, it may propose changes in those levels.
Such a proposal must be made not later than 120 days after the entry into force of this Conven- 107 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part IV(A)—continued C.—continued tion and shall contain a detailed explanation of the reasons for the proposal.

Each State Party shall take all necessary measures to ensure destruction of Category 1 chemical weapons in accordance with the destruction deadlines set forth in paragraph 17(a) as changed pursuant to paragraph 21.
However, if a State Party believes that it will be unable to ensure the destruction of the percentage of Category 1 chemical weapons required by an intermediate destruction deadline, it may request the Execu- tive Council to recommend to the Conference to grant an ex- tension of its obligation to meet that deadline.
Such a request must be made not less than 180 days before the intermediate destruction deadline and shall contain a detailed explanation of the reasons for the request and the plans of the State Party for ensuring that it will be able to fulfil its obligation to meet the next intermediate destruction deadline.

If an extension is granted, the State Party shall still be under the obligation to meet the cumulative destruction requirements set forth for the next destruction deadline.
Extensions granted pursuant to this Section shall not, in any way, modify the obli- gation of the State Party to destroy all Category 1 chemical weapons not later than 10 years after the entry into force of this Convention.
Extension of the deadline for completion of destruction If a State Party believes that it will be unable to ensure the destruction of all Category 1 chemical weapons not later than 10 years after the entry into force of this Convention, it may submit a request to the Executive Council for an extension of the deadline for completing the destruction of such chemical weapons.

Such a request must be made not later than nine years after the entry into force of this Convention.
The request shall contain: (a) The duration of the proposed extension; 22.

23.

24.

25.

108 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part IV(A)—continued C.—continued (b) A detailed explanation of the reasons for the proposed (c) extension; and A detailed plan for destruction during the proposed extension and the remaining portion of the original 10-year period for destruction.

27.

26.
27.

26.

A decision on the request shall be taken by the Conference at its next session, on the recommendation of the Executive Council.

Any extension shall be the minimum necessary, but in no case shall the deadline for a State Party to complete its destruction of all chemical weapons be extended beyond 15 years after the entry into force of this Convention.
The Execu- tive Council shall set conditions for the granting of the exten- sion, including the specific verification measures deemed ne- cessary as well as specific actions to be taken by the State Party to overcome problems in its destruction programme.

Costs of verification during the extension period shall be allocated in accordance with Article IV, paragraph 16.

If an extension is granted, the State Party shall take appropriate measures to meet all subsequent deadlines.
The State Party shall continue to submit detailed annual plans for destruction in accordance with paragraph 29 and annual reports on the destruction of Category 1 chemical weapons in accordance with paragraph 36, until all Category 1 chemical weapons are destroyed.

In addition, not later than at the end of each 90 days of the extension period, the State Party shall report to the Executive Council on its destruction activity.
The Executive Council shall review progress towards completion of destruction and take the necessary measures to document this progress.

All information concerning the destruction ac- tivities during the extension period shall be provided by the Executive Council to States Parties, upon request.

28.

Detailed annual plans for destruction 29.
The detailed annual plans for destruction shall be submitted to the Technical Secretariat not less than 60 days before each 109 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part IV(A)—continued C.—continued (b) (c) annual destruction period begins pursuant to Article IV, para- graph 7(a), and shall specify: (a) The quantity of each specific type of chemical weapon to be destroyed at each destruction facility and the in- clusive dates when the destruction of each specific type of chemical weapon will be accomplished; The detailed site diagram for each chemical weapons destruction facility and any changes to previously sub- mitted diagrams; and The detailed schedule of activities for each chemical weapons destruction facility for the upcoming year, identifying time required for design, construction or modification of the facility, installation of equipment, equipment check-out and operator training, destruction operations for each specific type of chemical weapon, and scheduled periods of inactivity.
31.

30.

A State Party shall provide, for each of its chemical weapons destruction facilities, detailed facility information to assist the Technical Secretariat in developing preliminary inspection procedures for use at the facility.
The detailed facility information for each destruction facility shall include the following information: Name, address and location; (a) (b) Detailed, annotated facility drawings; (c) Facility design drawings, process drawings, and piping and instrumentation design drawings; (d) Detailed technical descriptions, including design draw- ings and instrument specifications, for the equipment required for: removing the chemical fill from the muni- tions, devices, and containers; temporarily storing the drained chemical fill; destroying the chemical agent; and destroying the munition, devices, and containers; Detailed technical descriptions of process, including material flow rates, and pressures, and designed destruction efficiency; the destruction temperatures (e) 110 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part IV(A)—continued C.—continued (f) Design capacity for each specific type of chemical weapon; (g) A detailed description of the products of destruction and the method of their ultimate disposal; (i) (h) A detailed technical description of measures to facilitate inspections in accordance with this Convention; A detailed description of any temporary holding area at the destruction facility that will be used to provide chemical weapons directly to the destruction facility, including site and facility drawings and information on the storage capacity for each specific type of chemical weapon to be destroyed at the facility; A detailed description of the safety and medical meas- ures in force at the facility; (j) (k) A detailed description of the living quarters and work- ing premises for the inspectors; and Suggested measures for international verification.
(l) 32.

A State Party shall provide, for each of its chemical weapons destruction facilities, the plant operations manuals, the safety and medical plans, the laboratory operations and quality assur- ance and control manuals, and the environmental permits that have been obtained, except that this shall not include material previously provided.

33.

A State Party shall promptly notify the Technical Secretariat of any developments that could affect inspection activities at its destruction facilities.

34.
34.

Deadlines for submission of the information specified in para- graphs 30 to 32 shall be considered and approved by the Con- ference pursuant to Article VIII, paragraph 21(i).

the Technical Secretariat, 35.
After the review of the detailed facility information for each destruction facility, if the need arises, shall enter into consultation with the State Party con- cerned in order to ensure that its chemical weapons destruction facilities are designed to assure the destruction of chemical weapons, to allow advanced planning on how verification measures may be applied and to ensure that the application 111 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part IV(A)—continued C.—continued of verification measures is consistent with proper facility operation, and that the facility operation allows appropriate verification.
Annual reports on destruction Information regarding the implementation of plans for de- struction of chemical weapons shall be submitted to the Technical Secretariat pursuant to Article IV, paragraph 7(b), not later than 60 days after the end of each annual destruction period and shall specify the actual amounts of chemical weapons which were destroyed during the previous year If appropriate, reasons for not at each destruction facility.

meeting destruction goals should be stated.


D.—Verification Verification of declarations of chemical weapons through on-site inspection The purpose of the verification of declarations of chemical weapons shall be to confirm through on-site inspection the ac- curacy of the relevant declarations made pursuant to Article III.

The inspectors shall conduct this verification promptly after a declaration is submitted.
They shall, inter alia, verify the quantity and identity of chemicals, types and number of mu- nitions, devices and other equipment.

The inspectors shall employ, as appropriate, agreed seals, markers or other inventory control procedures to facilitate an accurate inventory of the chemical weapons at each storage facility.

36.

37.

38.

39.

40.


As the inventory progresses, inspectors shall install such agreed seals as may be necessary to clearly indicate if any stocks are removed, and to ensure the securing of the storage facility during the inventory.

After completion of the inven- tory, such seals will be removed unless otherwise agreed.

112 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part IV(A)—continued D.—continued 41.

42.
42.

Systematic verification of storage facilities The purpose of the systematic verification of storage facil- ities shall be to ensure that no undetected removal of chemical weapons from such facilities takes place.

The systematic verification shall be initiated as soon as pos- sible after the declaration of chemical weapons is submitted and shall continue until all chemical weapons have been re- moved from the storage facility.
It shall in accordance with the facility agreement, combine on-site inspection and moni- toring with on-site instruments.

43.

When all chemical weapons have been removed from the stor- age facility, the Technical Secretariat shall confirm the declar- ation of the State Party to that effect.

After this confirmation, the Technical Secretariat shall terminate the systematic veri- fication of the storage facility and shall promptly remove any monitoring instruments installed by the inspectors.

44.

45.

46.
44.

45.

46.

Inspections and visits The particular storage facility to be inspected shall be chosen by the Technical Secretariat in such a way as to preclude the prediction of precisely when the facility is to be inspected.

The guidelines for determining the frequency of systematic on-site inspections shall be elaborated by the Technical Secretariat, taking into account the recommendations to be considered and approved by the Conference pursuant to Article VIII, para- graph 21(i).
The Technical Secretariat shall notify the inspected State Party of its decision to inspect or visit the storage facility 48 hours before the planned arrival of the inspection team at the facil- ity for systematic inspections or visits.

In cases of inspections or visits to resolve urgent problems, this period may be short- ened.

The Technical Secretariat shall specify the purpose of the inspection or visit.
The inspected State Party shall make any necessary prepar- ations for the arrival of the inspectors and shall ensure their 113 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part IV(A)—continued D.—continued expeditious transportation from their point of entry to the stor- age facility.

The facility agreement will specify administrative arrangements for inspectors.
The inspected State Party shall provide the inspection team upon its arrival at the chemical weapons storage facility to carry out an inspection, with the following data on the facility: The number of storage buildings and storage locations; (a) For each storage building and storage location, the type (b) and the identification number or designation, shown on the site diagram; and For each storage building and storage location at the facility, the number of items of each specific type of chemical weapon, and, for containers that are not part of binary munitions, the actual quantity of chemical fill in each container.
(c) In carrying out an inventory, within the time available, inspect- ors shall have the right: (a) To use any of the following inspection techniques: (i) (ii) (iii) inventory all the chemical weapons stored at the facility; inventory all the chemical weapons stored in spe- cific buildings or locations at the facility, as cho- sen by the inspectors; or inventory all the chemical weapons of one or more specific types stored at the facility, as cho- sen by the inspectors; and To check all items inventoried against agreed records.
(b) Inspectors shall, in accordance with facility agreements: (a) Have unimpeded access to all parts of the storage fa- cilities including any munitions, devices, bulk contain- ers, or other containers therein.

While conducting their activity, inspectors shall comply with the safety regula- tions at the facility.

The items to be inspected will be chosen by the inspectors; and (b) Have the right, during the first and any subsequent inspection of each chemical weapons storage facility, 47.

48.

49.
48.

49.

114 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part IV(A)—continued D.—continued to designate munitions, devices, and containers from which samples are to be taken, and to affix to such munitions, devices, and containers a unique tag that will indicate an attempt to remove or alter the tag.
A sample shall be taken from a tagged item at a chem- ical weapons storage facility or a chemical weapons destruction facility as soon as it is practically possible in accordance with the corresponding destruction pro- grammes, and, in any case, not later than by the end of the destruction operations.

50.

51.
50.

51.

Systematic verification of the destruction of chemical weapons The purpose of verification of destruction of chemical weapons shall be: (a) To confirm the identity and quantity of the chemical weapons stocks to be destroyed; and (b) To confirm that these stocks have been destroyed.

Chemical weapons destruction operations during the first 390 days after the entry into force of this Convention shall be governed by transitional verification arrangements.
Such ar- rangements, including a transitional facility agreement, pro- visions for verification through on-site inspection and moni- toring with on-site instruments, and the time-frame for appli- cation of the arrangements, shall be agreed between the Or- ganization and the inspected State Party.
These arrangements shall be approved by the Executive Council not later than 60 days after this Convention enters into force for the State Party, taking into account the recommendations of the Technical Sec- retariat, which shall be based on an evaluation of the detailed facility information provided in accordance with paragraph 31 and a visit to the facility.
The Executive Council shall, at its first session, establish the guidelines for such transitional veri- fication arrangements, based on recommendations to be con- sidered and approved by the Conference pursuant to Article VIII, paragraph 21(i).
The transitional verification arrange- 115 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part IV(A)—continued D.—continued ments shall be designed to verify, throughout the entire transi- tional period, the destruction of chemical weapons in accord- ance with the purposes set forth in paragraph 50, and to avoid hampering ongoing destruction operations.
The provisions of paragraphs 53 to 61 shall apply to chemical weapons destruction operations that are to begin not earlier than 390 days after the entry into force of this Convention.

52.

54.

53.

On the basis of this Convention and the detailed destruction fa- cility information, and as the case may be, on experience from previous inspections, the Technical Secretariat shall prepare a draft plan for inspecting the destruction of chemical weapons at each destruction facility.
The plan shall be completed and provided to the inspected State Party for comment not less than 270 days before the facility begins destruction operations pur- suant to this Convention.

Any differences between the Tech- nical Secretariat and the inspected State Party should be re- solved through consultations.

Any unresolved matter shall be forwarded to the Executive Council for appropriate action with a view to facilitating the full implementation of this Conven- tion.
The Technical Secretariat shall conduct an initial visit to each chemical weapons destruction facility of the inspected State Party not less than 240 days before each facility begins de- struction operations pursuant to this Convention, to allow it to familiarize itself with the facility and assess the adequacy of the inspection plan.
In the case of an existing facility where chemical weapons de- struction operations have already been initiated, the inspected State Party shall not be required to decontaminate the facility before the Technical Secretariat conducts an initial visit.

The duration of the visit shall not exceed five days and the number of visiting personnel shall not exceed 15.
The agreed detailed plans for verification, with an appropriate recommendation by the Technical Secretariat, shall be for- warded to the Executive Council for review.

The Executive Council shall review the plans with a view to approving 56.

55.

116 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex 57.

58.

59.

60.

Part IV(A)—continued D.—continued them, consistent with verification objectives and obligations under this Convention.
It should also confirm that verification schemes for destruction are consistent with verification aims and are efficient and practical.

This review should be com- pleted not less than 180 days before the destruction period begins.

Each member of the Executive Council may consult with the Technical Secretariat on any issues regarding the adequacy of If there are no objections by any the plan for verification.

member of the Executive Council, the plan shall be put into action.
If there are any difficulties, the Executive Council shall enter into consultations with the State Party to reconcile them.

If any difficulties remain unresolved they shall be referred to the Conference.
The detailed facility agreements for chemical weapons de- struction facilities shall specify, taking into account the spe- cific characteristics of the destruction facility and its mode of operation: (a) (b) Detailed on-site inspection procedures; and Provisions for verification through continuous monitor- ing with on-site instruments and physical presence of inspectors.
Inspectors shall be granted access to each chemical weapons destruction facility not less than 60 days before the commence- ment of the destruction, pursuant to this Convention, at the fa- cility.

Such access shall be for the purpose of supervising the installation of the inspection equipment, inspecting this equip- ment and testing its operation, as well as for the purpose of carrying out a final engineering review of the facility.
In the case of an existing facility where chemical weapons destruc- tion operations have already been initiated, destruction oper- ations shall be stopped for the minimum amount of time re- quired, not to exceed 60 days, for installation and testing of the inspection equipment.

Depending on the results of the testing and review, the State Party and the Technical Secretariat may 117 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part IV(A)—continued D.—continued 61.
62. agree on additions or changes to the detailed facility agree- ment for the facility.

The inspected State Party shall notify, in writing, the inspec- tion team leader at a chemical weapons destruction facility not less than four hours before the departure of each shipment of chemical weapons from a chemical weapons storage facil- ity to that destruction facility.
This notification shall specify the name of the storage facility, the estimated times of depar- ture and arrival, the specific types and quantities of chemical weapons being transported, whether any tagged items are be- ing moved, and the method of transportation.

This notification may include notification of more than one shipment.

The in- spection team leader shall be promptly notified, in writing, of any changes in this information.
Chemical weapons storage facilities at chemical weapons destruction facilities The inspectors shall verify the arrival of the chemical weapons at the destruction facility and the storing of these chemical weapons.

The inspectors shall verify the inventory of each shipment, using agreed procedures consistent with facility safety regulations, prior to the destruction of the chemical weapons.
They shall employ, as appropriate, agreed seals, markers or other inventory control procedures to facilitate an accurate inventory of the chemical weapons prior to destruc- tion.

63.

As soon and as long as chemical weapons are stored at chem- ical weapons storage facilities located at chemical weapons destruction facilities, these storage facilities shall be subject to systematic verification in conformity with the relevant fa- cility agreements.

64.
64.

At the end of an active destruction phase, inspectors shall make an inventory of the chemical weapons, that have been removed from the storage facility, to be destroyed.

They shall verify the accuracy of the inventory of the chemical weapons remaining, 118 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part IV(A)—continued D.—continued employing inventory control procedures as referred to in para- graph 62.
Systematic on-site verification measures at chemical weapons destruction facilities 65.

The inspectors shall be granted access to conduct their ac- tivities at the chemical weapons destruction facilities and the chemical weapons storage facilities located at such facilities during the entire active phase of destruction.

66.
At each chemical weapons destruction facility, to provide as- surance that no chemical weapons are diverted and that the destruction process has been completed, inspectors shall have the right to verify through their physical presence and moni- toring with on-site instruments: (a) (b) The receipt of chemical weapons at the facility; The temporary holding area for chemical weapons and the specific type and quantity of chemical weapons stored in that area; The specific type and quantity of chemical weapons be- ing destroyed; The process of destruction; The end-product of destruction; The mutilation of metal parts; and The integrity of the destruction process and of the facil- ity as a whole.
(c) (d) (e) (f) (g) 67.

68.

Inspectors shall have the right to tag, for sampling, munitions, devices, or containers located in the temporary holding areas at the chemical weapons destruction facilities.

To the extent that it meets inspection requirements, informa- tion from routine facility operations, with appropriate data au- thentication, shall be used for inspection purposes.

69.
69.

After the completion of each period of destruction, the Tech- nical Secretariat shall confirm the declaration of the State Party, reporting the completion of destruction of the desig- nated quantity of chemical weapons.

Inspectors shall, in accordance with facility agreements: 70.
119 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part IV(A)—continued D.—continued (a) Have unimpeded access to all parts of the chem- ical weapons destruction facilities and the chemical weapons storage facilities located at such facilities, including any munitions, devices, bulk containers, or other containers, therein.
The items to be inspected shall be chosen by the inspectors in accordance with the verification plan that has been agreed to by the inspected State Party and approved by the Executive Council; (b) Monitor the systematic on-site analysis of samples dur- (c) ing the destruction process; and Receive, if necessary, samples taken at their request from any devices, bulk containers and other containers at the destruction facility or the storage facility thereat.
Part IV(B) Old chemical weapons and abandoned chemical weapons A.—General Old chemical weapons shall be destroyed as provided for in Section B.
Abandoned chemical weapons, including those which also meet the definition of Article II, paragraph 5(b), shall be destroyed as provided for in Section C. B.—Regime for old chemical weapons A State Party which has on its territory old chemical weapons as defined in Article II, paragraph 5(a), shall, not later than 30 days after this Convention enters into force for it, submit to the Technical Secretariat all available relevant information, including, to the extent possible, the location, type, quantity and the present condition of these old chemical weapons.
In the case of old chemical weapons as defined in Article II, paragraph 5(b), the State Party shall submit to the Tech- nical Secretariat a declaration pursuant to Article III, para- 1.

2.

3.

120 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex 4.

5.

6.

7.

Part IV(B)—continued B.—continued graph 1(b)(i), including, to the extent possible, the information specified in Part IV(A), paragraphs 1 to 3, of this Annex.
A State Party which discovers old chemical weapons after this Convention enters into force for it shall submit to the Technical Secretariat the information specified in paragraph 3 not later than 180 days after the discovery of the old chemical weapons.
The Technical Secretariat shall conduct an initial inspection, and any further inspections as may be necessary, in order to verify the information submitted pursuant to paragraphs 3 and 4 and in particular to determine whether the chemical weapons meet the definition of old chemical weapons as specified in Article II, paragraph 5.
Guidelines to determine the usability of chemical weapons produced between 1925 and 1946 shall be considered and approved by the Conference pursuant to Article VIII, paragraph 21(i).

A State Party shall treat old chemical weapons that have been confirmed by the Technical Secretariat as meeting the defin- ition in Article II, paragraph 5(a), as toxic waste.
It shall in- form the Technical Secretariat of the steps being taken to de- stroy or otherwise dispose of such old chemical weapons as toxic waste in accordance with its national legislation.

Subject to paragraphs 3 to 5, a State Party shall destroy old chemical weapons that have been confirmed by the Technical Secretariat as meeting the definition in Article II, paragraph 5(b), in accordance with Article IV and Part IV(A) of this An- nex.
Upon request of a State Party, the Executive Council may, however, modify the provisions on time-limit and order of de- struction of these old chemical weapons, if it determines that doing so would not pose a risk to the objection and purpose of this Convention.

The request shall contain specific proposals for modification of the provisions and a detailed explanation of the reasons for the proposed modification.

121 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 8.

9.
9.

Part IV(B)—continued C.—Regime for abandoned chemical weapons A State Party on whose territory there are abandoned chem- ical weapons (hereinafter referred to as the “Territorial State Party”) shall, not later than 30 days after this Convention enters into force for it, submit to the Technical Secretariat all available relevant information concerning the abandoned chemical weapons.
This information shall include, to the extent possible, the location, type, quantity and the present condition of the abandoned chemical weapons as well as information on the abandonment.

A State Party which discovers abandoned chemical weapons after this Convention enters into force for it shall, not later than 180 days after the discovery, submit to the Technical Sec- retariat all available relevant information concerning the dis- covered abandoned chemical weapons.
This information shall include, to the extent possible, the location, type, quantity and the present condition of the abandoned chemical weapons as well as information on the abandonment.

10.
10.

A State Party which has abandoned chemical weapons on the territory of another State Party (hereinafter referred to as the “Abandoning State Party”) shall, not later than 30 days after this Convention enters into force for it, submit to the Tech- nical Secretariat all available relevant information concerning the abandoned chemical weapons.
This information shall in- clude, to the extent possible, the location, type, quantity as well as information on the abandonment, and the condition of the abandoned chemical weapons.
The Technical Secretariat shall conduct an initial inspection, and any further inspections as may be necessary, in order to verify all available relevant information submitted pursuant to paragraphs 8 to 10 and determine whether systematic verifica- tion in accordance with Part IV(A), paragraphs 41 to 43, of this Annex is required.

It shall, if necessary, verify the origin of the abandoned chemical weapons and establish evidence concern- ing the abandonment and the identity of the Abandoning State.

11.
11.

122 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part IV(B)—continued C.—continued 12.

13.

14.

15.

16.

The report of the Technical Secretariat shall be submitted to the Executive Council, the Territorial State Party, and to the Aban- doning State Party or the State Party declared by the Territorial State Party or identified by the Technical Secretariat as having abandoned the chemical weapons.
If one of the States Parties directly concerned is not satisfied with the report it shall have the right to settle the matter in accordance with provisions of this Convention or bring the issue to the Executive Council with a view of settling the matter expeditiously.
Pursuant to Article I, paragraph 3, the Territorial State Party shall have the right to request the State Party which has been established as the Abandoning State Party pursuant to para- graphs 8 to 12 to enter into consultations for the purpose of destroying the abandoned chemical weapons in cooperation with the Territorial State Party.

It shall immediately inform the Technical Secretariat of this request.
Consultations between the Territorial State Party and the Abandoning State Party with a view to establishing a mutu- ally agreed plan for destruction shall begin not later than 30 days after the Technical Secretariat has been informed of the request referred to in paragraph 13.

The mutually agreed plan for destruction shall be transmitted to the Technical Secretariat not later than 180 days after the Technical Secretariat has been informed of the request referred to in paragraph 13.
Upon the request of the Abandoning State Party and the Territorial State Party, the Executive Council may extend the time-limit for transmission of the mutually agreed plan for destruction.

For the purpose of destroying abandoned chemical weapons, the Abandoning State Party shall provide all necessary finan- cial, technical, expert, facility as well as other resources.

The Territorial State Party shall provide appropriate cooperation.
If the Abandoning State cannot be identified or is not a State Party, the Territory State Party, in order to ensure the destruc- tion of these abandoned chemical weapons, may request the Organization and other States Parties to provide assistance in the destruction of these abandoned chemical weapons.
123 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part IV(B)—continued C.—continued Subject to paragraphs 8 to 16, Article IV and Part IV(A) of this Annex shall also apply to the destruction of abandoned chem- ical weapons.
In the case of abandoned chemical weapons which also meet the definition of old chemical weapons in Art- icle II, paragraph 5(b), the Executive Council, upon the request of the Territorial State Party, individually or together with the Abandoning State Party, may modify or in exceptional cases suspend the application of provisions on destruction, if it de- termines that doing so would not pose a risk to the object and purpose of this Convention.
In the case of abandoned chem- ical weapons which do not meet the definition of old chemical weapons in Article II, paragraph 5(b), the Executive Council, upon the request of the Territorial State Party, individually or together with the Abandoning State Party, may in exceptional circumstances modify the provisions on the time-limit and the order of destruction, if it determines that doing so would not pose a risk to the object and purpose of this Convention.
Any request as referred to in this paragraph shall contain specific proposals for modification of the provisions and a detailed ex- planation of the reasons for the proposed modification.

States Parties may conclude between themselves agreements or arrangements concerning the destruction of abandoned chemical weapons.
The Executive Council may, upon request of the Territorial State Party, individually or together with the Abandoning State Party, decide that selected provisions of such agreements or arrangements take precedence over provisions of this Section, if it determines that the agreement or arrangement ensures the destruction of the abandoned chemical weapons in accordance with paragraph 17.

17.

18.
17.

18.

124 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part V Destruction of chemical weapons production facilities and its verification pursuant to Article V A.—Declarations Declarations of chemical weapons production facilities 1.
The declaration of chemical weapons production facilities by a State Party pursuant to Article III, paragraph 1(c)(ii), shall contain for each facility: (a) (b) (c) (d) (e) The name of the facility, the names of the owners, and the names of the companies or enterprises operating the facility since 1 January 1946; The precise location of the facility, including the ad- dress, location of the complex, location of the facility within the complex including the specific building and structure number, if any; A statement whether it is a facility for the manufac- ture of chemicals that are defined as chemical weapons or whether it is a facility for the filling of chemical weapons, or both; The date when the construction of the facility was com- pleted and the periods during which any modifications to the facility were made, including the installation of new or modified equipment, that significantly changed the production process characteristics of the facility; Information on the chemicals as chemical weapons that were manufactured at the facility; the munitions, de- vices, and containers that were filled at the facility; and the dates of the beginning and cessation of such manu- facture or filling: (i) For chemicals defined as chemical weapons that were manufactured at the facility, such informa- tion shall be expressed in terms of the specific types of chemicals manufactured, indicating the chemical name in accordance with the cur- rent International Union of Pure and Applied structural Chemistry (IUPAC) nomenclature, 125 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part V—continued A.—continued (ii) formula, and the Chemical Abstracts Service registry number, if assigned, and in terms of the amount of each chemical expressed by weight of chemical in tonnes; For munitions, devices and containers that were filled at the facility, such information shall be ex- pressed in terms of the specific type of chemical weapons filled and the weight of the chemical fill per unit; (f) (g) (h) The
 production capacity of the chemical weapons pro- duction facility: (i) For a facility where chemical weapons were manufactured, production capacity shall be expressed in terms of the annual quantitative potential for manufacturing a specific substance on the basis of the technological process actually used or, in the case of processes not actually used, planned to be used at the facility; For a facility where chemical weapons were filled, production capacity shall be expressed in terms of the quantity of chemical that the facil- ity can fill into each specific type of chemical weapon a year; (ii) A site diagram; For each chemical weapons production facility that has not been destroyed, a description of the facility includ- ing: (i) (ii) A process flow diagram of the facility; and (iii) An inventory of buildings at the facility, and spe- cialized equipment at the facility and of any spare parts for such equipment; The present status of the facility, stating: (i) The date when chemical weapons were last pro- duced at the facility; (ii) Whether the facility has been destroyed, includ- ing the date and manner of its destruction; and 126 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part V—continued A.—continued (iii) Whether the facility has been used or modified before entry into force of this Convention for an activity not related to the production of chemical weapons, and if so, information on what modifi- cations have been made, the date such non-chem- ical weapons related activity began and the nature of such activity, indicating, if applicable, the kind of product; A specification of the measures that have been taken by the State Party for closure of, and a description of the measures that have been or will be taken by the State Party to inactivate the facility; A description of the normal pattern of activity for safety and security at the inactivated facility; and (i) (j) (k) A statement as to whether the facility will be converted for
 the destruction of chemical weapons and, if so, the dates for such conversions.
Declarations of chemical weapons production facilities pursuant to Article III, paragraph 1(c)(iii) The declaration of chemical weapons production facilities pur- suant to Article III, paragraph 1(c)(iii), shall contain all infor- mation specified in paragraph 1 above.

It is the responsibility of the State Party on whose territory the facility is or has been located to make appropriate arrangements with the other State to ensure that the declarations are made.
If the State Party on whose territory the facility is or has been located is not able to fulfil this obligation, it shall state the reasons therefor.

Declarations of past transfers and receipts A State Party that has transferred or received chemical weapons production equipment since 1 January 1946 shall declare these transfers and receipts pursuant to Article III, paragraph 1(c)(iv), and in accordance with paragraph 5 below.

When not all the specified information is available for transfer 127 2.

3.
3.

Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part V—continued A.—continued and receipt of such equipment for the period between 1 Janu- ary 1946 and 1 January 1970, the State Party shall declare whatever information is still available to it and provide an explanation as to why it cannot submit a full declaration.
Chemical weapons production equipment referred to in para- graph 3 means: (a) (b) Specialized equipment; Equipment for the production of equipment specifically designed for use directly in connection with chemical weapons employment; and Equipment designed or used exclusively for producing non-chemical parts for chemical munitions.
(c) The declaration concerning transfer and receipt of chemical weapons production equipment shall specify: (a) Who received/transferred the chemical weapons pro- duction equipment; The identity of such equipment; The date of transfer or receipt; (b) (c) (d) Whether the equipment was destroyed, if known; and (e) Current disposition, if known.
Submission of general plans for destruction Envisaged time-frame for measures to be taken; and For each chemical weapons production facility, a State Party shall supply the following information: (a) (b) Methods of destruction.
For each chemical weapons production facility that a State Party intends to convert temporarily into a chemical weapons destruction facility, the State Party shall supply the following information: (a) Envisaged time-frame for conversion into a destruction facility; Envisaged time-frame for utilizing the facility as a chemical weapons destruction facility; Description of the new facility; (c) (d) Method of destruction of special equipment; (b) 4.

5.

6.

7.
5.

6.

7.

128 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex 8.

9.

10.

Part V—continued A.—continued (e) Time-frame for destruction of the converted facility after it has been utilized to destroy chemical weapons; and (f) Method of destruction of the converted facility.
Submission of annual plans for destruction and annual reports on destruction The State Party shall submit an annual plan for destruction not less than 90 days before the beginning of the coming destruc- tion year.

The annual plan shall specify: (a) Capacity to be destroyed; (b) Name and location of the facilities where destruction (c) will take place; List of buildings and equipment that will be destroyed at each facility; and Planned method(s) of destruction.
(d) A State Party shall submit an annual report on destruction not later than 90 days after the end of the previous destruction year.

The annual report shall specify: Capacity destroyed; (a) (b) Name and location of each facility where destruction (c) took place; List of buildings and equipment that were destroyed at each facility; (d) Methods of destruction.
For a chemical weapons production facility declared pursuant to Article III, paragraph 1(c)(iii), it is the responsibility of the State Party on whose territory the facility is or has been located to make appropriate arrangements to ensure that the declar- ations specified in paragraphs 6 to 9 above are made.

If the State Party on whose territory the facility is or has been lo- cated is not able to fulfil this obligation, it shall state the rea- sons therefor.
129 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part V—continued B.—Destruction General principles for destruction of chemical weapons production facilities 11.

Each State Party shall decide on methods to be applied for the destruction of chemical weapons production facilities, accord- ing to the principles laid down in Article V and in this Part.

Principles and methods for closure of a chemical weapons production facility 12.
The purpose of the closure of a chemical weapons production facility is to render it inactive.

13.

Agreed measures for closure shall be taken by a State Party with due regard to the specific characteristics of each facility.
Such measures shall include, inter alia: (a) Prohibition of occupation of the specialized buildings and standard buildings of the facility except for agreed activities; (c) (d) (b) Disconnection of equipment directly related to the production of chemical weapons, including, inter alia, process control equipment and utilities; Decommissioning of protective installations and equip- ment used exclusively for the safety of operations of the chemical weapons production facility; Installation of blind flanges and other devices to prevent the addition of chemicals to, or the removal of chem- icals from, any specialized process equipment for syn- thesis, separation or purification of chemicals defined as a chemical weapon, any storage tank, or any ma- chine for filling chemical weapons, the heating, cool- ing, or supply of electrical or other forms of power to such equipment, storage tanks, or machines; and Interruption of rail, road and other access routes for heavy transport to the chemical weapons production fa- cility except those required for agreed activities.
(e) 130 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part V—continued B.—continued 14.

While the chemical weapons production facility remains closed, a State Party may continue safety and physical security activities at the facility.

Technical maintenance of chemical weapons production facilities prior to their destruction 15.
A State Party may carry out standard maintenance activities at chemical weapons production facilities only for safety rea- sons, including visual inspection, preventive maintenance, and routine repairs.

16.

All planned maintenance activities shall be specified in the general and detailed plans for destruction.

Maintenance ac- tivities shall not include: (a) (b) Modification of the characteristics of the chemical Replacement of any process equipment; process equipment; Production of chemicals of any type.
(c) 17.

All maintenance activities shall be subject to monitoring by the Technical Secretariat.

Principles and methods for temporary conversion of chemical weapons production facilities into chemical weapons destruction facilities 18.
Measures pertaining to the temporary conversion of chemical weapons production facilities into chemical weapons destruc- tion facilities shall ensure that the regime for the temporarily converted facilities is at least as stringent as the regime for chemical weapons production facilities that have not been con- verted.
Chemical weapons production facilities converted into chem- ical weapons destruction facilities before entry into force of this Convention shall be declared under the category of chem- ical weapons production facilities.

19.

131 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part V—continued B.—continued They shall be subject to an initial visit by inspectors, who shall confirm the correctness of the information about these facil- ities.
Verification that the conversion of these facilities was performed in such a manner as to render them inoperable as chemical weapons production facilities shall also be required, and shall fall within the framework of measures provided for the facilities that are to be rendered inoperable not later than 90 days after entry into force of this Convention.

21.

20.
21.

20.

A State Party that intends to carry out a conversion of chem- ical weapons production facilities shall submit to the Technical Secretariat, not later than 30 days after this Convention enters into force for it, or not later than 30 days after a decision has been taken for temporary conversion, a general facility con- version plan, and subsequently shall submit annual plans.
Should a State Party have the need to convert to a chemical weapons destruction facility an additional chemical weapons production facility that had been closed after this Convention entered into force for it, it shall inform the Technical Secre- tariat thereof not less than 150 days before conversion.
The Technical Secretariat, in conjunction with the State Party, shall make sure that the necessary measures are taken to render that facility, after its conversion, inoperable as a chemical weapons production facility.

22.

A facility converted for the destruction of chemical weapons shall not be more fit for resuming chemical weapons produc- tion than a chemical weapons production facility which has been closed and is under maintenance.
Its reactivation shall require no less time than that required for a chemical weapons production facility that has been closed and is under mainten- ance.

Converted chemical weapons production facilities shall be de- stroyed not later than 10 years after entry into force of this Convention.

23.

132 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part V—continued B.—continued 25.

24.
24.

Any measures for the conversion of any given chemical weapons production facility shall be facility-specific and shall depend upon its individual characteristics.
The set of measures carried out for the purpose of convert- ing a chemical weapons production facility into a chemical weapons destruction facility shall not be less than that which is provided for the disabling of other chemical weapons pro- duction facilities to be carried out not later than 90 days after this Convention enters into force for the State Party.

Principles and methods related to destruction of a chemical weapons production facility 26.
A State Party shall destroy equipment and buildings covered by the definition of a chemical weapons production facility as follows: (a) All specialized equipment and standard equipment shall be physically destroyed; (b) All specialized buildings and standard buildings shall be physically destroyed.

27.
27.

A State Party shall destroy facilities for producing unfilled chemical munitions and equipment for chemical weapons em- ployment as follows: (a) Facilities used exclusively for production of non-chem- ical parts for chemical munitions or equipment specific- ally designed for use directly in connection with chem- ical weapons employment, shall be declared and de- stroyed.
The destruction process and its verification shall be conducted according to the provisions of Art- icle V and this Part of this Annex that govern destruc- tion of chemical weapons production facilities; (b) All equipment designed or used exclusively for produc- ing non-chemical parts for chemical munitions shall be physically destroyed.
Such equipment, which includes specially designed moulds and metal-forming dies, may be brought to a special location for destruction; 133 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part V—continued B.—continued (c) All buildings and standard equipment used for such pro- duction activities shall be destroyed or converted for purposes not prohibited under this Convention, with confirmation, as necessary, through consultations and inspections as provided for under Article IX; (d) Activities for purposes not prohibited under this Con- vention may continue while destruction or conversion proceeds.
28.

Order of destruction The order of destruction of chemical weapons production fa- cilities is based on the obligations specified in Article I and the other Articles of this Convention, including obligations re- garding systematic on-site verification.
It takes into account interests of States Parties for undiminished security during the destruction period; confidence-building in the early part of the destruction stage; gradual acquisition of experience in the course of destroying chemical weapons production facil- ities; and applicability irrespective of the actual characteristics of the facilities and the methods chosen for their destruction.

The order of destruction is based on the principle of levelling out.

29.
29.

A State Party shall, for each destruction period, determine which chemical weapons production facilities are to be de- stroyed and carry out the destruction in such a way that not more than what is specified in paragraphs 30 and 31 remains at the end of each destruction period.

A State Party is not pre- cluded from destroying its facilities at a faster pace.

The following provisions shall apply to chemical weapons production facilities that produce Schedule 1 chemicals: (a) 30.
A State Party shall start the destruction of such facil- ities not later than one year after this Convention enters into force for it, and shall complete it not later than 10 years after entry into force of this Convention.
For a State which is a Party at the entry into force of this Con- vention, this overall period shall be divided into three 134 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part V—continued B.—continued separate destruction periods, namely, years 2–5, years 6–8, and years 9–10.
For States which become a Party after entry into force of this Convention, the destruction periods shall be adapted, taking into account paragraphs 28 and 29; Production capacity shall be used as the comparison factor for such facilities.

It shall be expressed in agent tonnes, taking into account the rules specified for binary chemical weapons; Appropriate agreed levels of production capacity shall be established for the end of the eighth year after entry into force of this Convention.
Production capacity that exceeds the relevant level shall be destroyed in equal increments during the first two destruction periods; (b) (c) (d) A requirement to destroy a given amount of capacity shall entail a requirement to destroy any other chemical weapons production facility that supplied the Schedule 1 facility or filled the Schedule 1 chemical produced there into munitions or devices; Chemical weapons production facilities that have been converted temporarily for destruction of chemical weapons shall continue to be subject to the obligation to destroy capacity according to the provisions of this paragraph.
(e) 31.

A State Party shall start the destruction of chemical weapons production facilities not covered in paragraph 30 not later than one year after this Convention enters into force for it, and com- plete it not later than five years after entry into force of this Convention.

Detailed plans for destruction 32.
Not less than 180 days before the destruction of a chemical weapons production facility starts, a State Party shall provide to the Technical Secretariat the detailed plans for destruction of the facility, including proposed measures for verification of 135 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part V—continued B.—continued destruction referred to in paragraph 33(f), with respect to, inter alia: (a) Timing of the presence of the inspectors at the facility to be destroyed; and Procedures for verification of measures to be applied to each item on the declared inventory.
(b) 33.
The detailed plans for destruction of each chemical weapons production facility shall contain: (a) (b) (c) (d) Detailed inventory of equipment, buildings and other Detailed time schedule of the destruction process; Layout of the facility; Process flow diagram; items to be destroyed; (e) Measures to be applied to each item on the inventory; (f) (g) Proposed measures for verification; Security/safety measures to be observed during the de- struction of the facility; and (h) Working and living conditions to be provided for in- spectors.
If a State Party intends to convert temporarily a chemical weapons production facility into a chemical weapons destruc- tion facility, it shall notify the Technical Secretariat not less than 150 days before undertaking any conversion activities.
The notification shall: (a) (b) Specify the name, address, and location of the facility; Provide a site diagram indicating all structures and areas that will be involved in the destruction of chem- ical weapons and also identify all structures of the chemical weapons production facility that are to be temporarily converted; Specify the types of chemical weapons, and the type and quantity of chemical fill to be destroyed; Specify the destruction method; Provide a process flow diagram, indicating which por- tions of the production process and specialized equip- (c) (d) (e) 34.
136 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part V—continued B.—continued (f) (g) ment will be converted for the destruction of chemical weapons; Specify the seals and inspection equipment potentially affected by the conversion, if applicable; and Provide a schedule identifying: The time allocated to design, temporary conversion of the facility, installation of equipment, equipment check-out, destruction oper- ations, and closure.

35.
35.

In relation to the destruction of a facility that was temporarily converted for destruction of chemical weapons, information shall be provided in accordance with paragraphs 32 and 33.

37. Review of detailed plans 36.


On the basis of the detailed plan for destruction and proposed measures for verification submitted by the State Party, and on experience from previous inspections, the Technical Sec- retariat shall prepare a plan for verifying the destruction of the facility, consulting closely with the State Party.

Any differ- ences between the Technical Secretariat and the State Party concerning appropriate measures should be resolved through consultations.
Any unresolved matters shall be forwarded to the Executive Council for appropriate action with a view to facilitating the full implementation of this Convention.

To ensure that the provisions of Article V and this Part are fulfilled, the combined plans for destruction and verification shall be agreed upon between the Executive Council and the State Party.

This agreement should be completed, not less than 60 days before the planned initiation of destruction.
Each member of the Executive Council may consult with the Technical Secretariat on any issues regarding the adequacy of the combined plan for destruction and verification.

If there are no objections by any member of the Executive Council, the plan shall be put into action.

If there are any difficulties, the Executive Council shall enter into consultations with the State Party to reconcile them.

If any difficulties remain unresolved they shall be referred to the 38.

39.
39.

137 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part V—continued B.—continued 40.

Conference.

The resolution of any differences over methods of destruction shall not delay the execution of other parts of the destruction plan that are acceptable.
If agreement is not reached with the Executive Council on as- pects of verification, or it the approved verification plan can- not be put into action, verification of destruction shall proceed through continuous monitoring with on-site instruments and physical presence of inspectors.

41.

Destruction and verification shall proceed according to the agreed plan.
The verification shall not unduly interfere with the destruction process and shall be conducted through the presence of inspectors on-site to witness the destruction.

If required verification or destruction actions are not taken as planned, all States Parties shall be so informed.

42.
42.

C.—Verification Verification of declarations of chemical weapons production facilities through on-site inspection The Technical Secretariat shall conduct an initial inspection of each chemical weapons production facility in the period be- tween 90 and 120 days after this Convention enters into force for the State Party.
The purposes of the initial inspection shall be: (a) To confirm that the production of chemical weapons has ceased and that the facility has been inactivated in accordance with this Convention; To permit the Technical Secretariat to familiarize itself with the measures that have been taken to cease produc- tion of chemical weapons at the facility; To permit the inspectors to install temporary seals; To permit the inspectors to confirm the inventory of buildings and specialized equipment; To obtain information necessary for planning inspection activities at the facility, including use of tamper-indi- cating seals and other agreed equipment, which shall be (b) (c) (d) (e) 43.
44.

138 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part V—continued C.—continued 45.

46.

47.

(f) installed pursuant to the detailed facility agreement for the facility; and To conduct preliminary discussions regarding a detailed agreement on inspection procedures at the facility.
Inspectors shall employ, as appropriate, agreed seals, markers or other inventory control procedures to facilitate an accurate inventory of the declared items at each chemical weapons pro- duction facility.

Inspectors shall install such agreed devices as may be neces- sary to indicate if any resumption of production of chemical weapons occurs or if any declared item is removed.

They shall take the necessary precaution not to hinder closure activities by the inspected State Party.
Inspectors may return to main- tain and verify the integrity of the devices.
If, on the basis of the initial inspection, the Director-Gen- eral believes that additional measures are necessary to inac- tivate the facility in accordance with this Convention, the Dir- ector-General may request, not later than 135 days after this Convention enters into force for a State Party, that such meas- ures be implemented by the inspected State Party not later than 180 days after this Convention enters into force for it.

At its discretion, the inspected State Party may satisfy the request.
If it does not satisfy the request, the inspected State Party and the Director-General shall consult to resolve the matter.

Systematic verification of chemical weapons production facilities and cessation of their activities 48.

49.

The purpose of the systematic verification of a chemical weapons production facility shall be to ensure that any re- sumption of production of chemical weapons or removal of declared items will be detected at this facility.
The detailed facility agreement for each chemical weapons production facility shall specify: (a) Detailed on-site inspection procedures, which may in- clude: 139 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part V—continued C.—continued (i) (ii) Visual examinations; Checking and servicing of seals and other agreed devices; and (b) (iii) Obtaining and analysing samples; Procedures for using tamper-indicating seals and other agreed equipment to prevent the undetected reactivation of the facility, which shall specify: (i) The type, placement, and arrangements for in- stallation; and The maintenance of such seals and equipment; and (ii) 50.
Other agreed measures.

(c) The seals or other approved equipment provided for in a de- tailed agreement on inspection measures for that facility shall be placed not later than 240 days after this Convention enters into force for a State Party.

Inspectors shall be permitted to visit each chemical weapons production facility for the instal- lation of such seals or equipment.

52.

51.
52.

51.

During each calendar year, the Technical Secretariat shall be permitted to conduct up to four inspections of each chemical weapons production facility.

The Director-General shall notify the inspected State Party of his decision to inspect or visit a chemical weapons production facility 48 hours before the planned arrival of the inspection team at the facility for systematic inspections or visits.

In the case of inspections or visits to resolve urgent problems, this period may be shortened.
The Director-General shall specify the purpose of the inspection or visit.

Inspectors shall, in accordance with the facility agreements, have unimpeded access to all parts of the chemical weapons production facilities.

The items on the declared inventory to be inspected shall be chosen by the inspectors.

The guidelines for determining the frequency of systematic on-site inspections shall be considered and approved by the Conference pursuant to Article VIII, paragraph 21(i).
The par- ticular production facility to be inspected shall be chosen by 53.

54.

140 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part V—continued C.—continued the Technical Secretariat in such a way as to preclude the pre- diction of precisely when the facility is to be inspected.

55.
55.

Verification of destruction of chemical weapons production facilities The purpose of systematic verification of the destruction of chemical weapons production facilities shall be to confirm that the facility is destroyed in accordance with the obligations under this Convention and that each item on the declared in- ventory is destroyed in accordance with the agreed detailed plan for destruction.

56.
56.

When all items on the declared inventory have been destroyed, the Technical Secretariat shall confirm the declaration of the State Party to that effect.

After this confirmation, the Tech- nical Secretariat shall terminate the systematic verification of the chemical weapons production facility and shall promptly remove all devices and monitoring instruments installed by the inspectors.

57.

After this confirmation, the State Party shall make the declar- ation that the facility has been destroyed.
Verification of temporary conversion of a chemical weapons production facility into a chemical weapons destruction facility 58.

Not later than 90 days after receiving the initial notification of the intent to convert temporarily a production facility, the inspectors shall have the right to visit the facility to familiar- ize themselves with the proposed temporary conversion and to study possible inspection measures that will be required dur- ing the conversion.

59.
59.

Not later than 60 days after such a visit, the Technical Sec- retariat and the inspected State Party shall conclude a transi- tion agreement containing additional inspection measures for the temporary conversion period.
The transition agreement shall specify inspection procedures, including the use of seals, 141 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part V—continued C.—continued monitoring equipment, and inspections, that will provide con- fidence that no chemical weapons production takes place dur- ing the conversion process.
This agreement shall remain in force from the beginning of the temporary conversion activity until the facility begins operation as a chemical weapons de- struction facility.

The inspected State Party shall not remove or convert any por- tion of the facility, or remove or modify any seal or other agreed inspection equipment that may have been installed pur- suant to this Convention until the transition agreement has been concluded.

60.

61.
60.

61.

Once the facility begins operation as a chemical weapons de- struction facility, it shall be subject to the provisions of Part IV(A) of this Annex applicable to chemical weapons destruc- tion facilities.

Arrangements for the pre-operation period shall be governed by the transition agreement.

63.

62.
63.

62.

During destruction operations the inspectors shall have access to all portions of the temporarily converted chemical weapons production facilities, including those that are not directly in- volved with the destruction of chemical weapons.
Before the commencement of work at the facility to convert it temporarily for chemical weapons destruction purposes and after the facility has ceased to function as a facility for chem- ical weapons destruction, the facility shall be subject to the provisions of this Part applicable to chemical weapons pro- duction facilities.

D.—Conversion of chemical weapons production facilities to purposes not prohibited under this Convention Procedures for requesting conversion 64.
A request to use a chemical weapons production facility for purposes not prohibited under this Convention may be made for any facility that a State Party is already using for such pur- 142 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part V—continued D.—continued 65. poses before this Convention enters into force for it, or that it plans to use for such purposes.
For a chemical weapons production facility that is being used for purposes not prohibited under this Convention when this Convention enters into force for the State Party, the request shall be submitted to the Director-General not later than 30 days after this Convention enters into force for the State Party.
The request shall contain, in addition to data submitted in ac- cordance with paragraph 1(h)(iii), the following information: (a) (b) A general facility conversion plan that specifies: A detailed justification for the request; (i) (ii) The nature of the activity to be conducted at the facility; If the planned activity involves production, pro- cessing, or consumption of chemicals: the name of each of the chemicals, the flow diagram of the facility, and the quantities planned to be pro- duced, processed, or consumed annually; (iii) Which buildings or structures are proposed to be used and what modifications are proposed, if any; (iv) Which buildings or structures have been de- stroyed or are proposed to be destroyed and the plans for destruction; (v) What equipment is to be used in the facility; (vi) What equipment has been removed and de- stroyed and what equipment is proposed to be removed and destroyed and the plans for its destruction; (vii) The proposed schedule for conversion, if applic- able; and (viii) The nature of the activity of each other facility operating at the site; and (c) A detailed explanation of how measures set forth in sub- paragraph (b), as well as any other measures proposed by the State Party, will ensure the prevention of standby chemical weapons production capability at the facility.
143 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part V—continued D.—continued 66.

For a chemical weapons production facility that is not being used for purposes not prohibited under this Convention when this Convention enters into force for the State Party, the request shall be submitted to the Director-General not later than 30 days after the decision to convert, but in no case later than four years after this Convention enters into force for the State Party.
The request shall contain the following information: (a) A detailed justification for the request, including its eco- nomic needs; (b) A general facility conversion plan that specifies: (i) (ii) The nature of the activity planned to be con- ducted at the facility; If the planned activity involves production, pro- cessing, or consumption of chemicals: the name of each of the chemicals, the flow diagram of the facility, and the quantities planned to be pro- duced, processed, or consumed annually; (iii) Which buildings or structures are proposed to be retained and what modifications are proposed, if any; (iv) Which buildings or structures have been de- stroyed or are proposed to be destroyed and the plans for destruction; (v) What equipment is proposed for use in the facil- ity; (vi) What equipment is proposed to be removed and destroyed and the plans for its destruction; (vii) The proposed schedule for conversion; and (viii) The nature of the activity of each other facility operating at the site; and (c) A detailed explanation of how the measures set forth in subparagraph (b), as well as any other measures pro- posed by the State Party, will ensure the prevention of standby chemical weapons production capability at the facility.
144 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part V—continued D.—continued 67.

The State Party may propose in its request any other measures it deems appropriate to build confidence.

68.

69.
Actions pending a decision Pending a decision of the Conference, a State Party may con- tinue to use for purposes not prohibited under this Convention a facility that was being used for such purposes before this Convention enters into force for it, but only if the State Party certifies in its request that no specialized equipment and no specialized buildings are being used and that the specialized equipment and specialized buildings have been rendered inac- tive using the methods specified in paragraph 13.
If the facility, for which the request was made, was not being used for purposes not prohibited under this Convention before this Convention enters into force for the State Party, or if the certification required in paragraph 68 is not made, the State Party shall cease immediately all activity pursuant to Article V, paragraph 4.

The State Party shall close the facility in ac- cordance with paragraph 13 not later than 90 days after this Convention enters into force for it.

Conditions for conversion 70.


As a condition for conversion of a chemical weapons produc- tion facility for purposes not prohibited under this Convention, all specialized equipment at the facility must be destroyed and all special features of buildings and structures that distinguish them from buildings and structures normally used for purposes not prohibited under this Convention and not involving Sched- ule 1 chemicals must be eliminated.

71.
A converted facility shall not be used: (a) (b) For any activity involving production, processing, or consumption of a Schedule 1 chemical or a Schedule 2 chemical; or For the production of any highly toxic chemical, includ- ing any highly toxic organophosphorus chemical, or for any other activity that would require special equipment 145 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part V—continued D.—continued for handling highly toxic or highly corrosive chemicals, unless the Executive Council decides that such produc- tion or activity would pose no risk to the object and purpose of this Convention, taking into account criteria for toxicity, corrosiveness and, if applicable, other tech- nical factors, to be considered and approved by the Con- ference pursuant to Article VIII, paragraph 21(i).
Conversion of a chemical weapons production facility shall be completed not later than six years after entry into force of this Convention.

72.

Decisions by the Executive Council and the Conference 73.

Not later than 90 days after receipt of the request by the Dir- ector-General, an initial inspection of the facility shall be con- ducted by the Technical Secretariat.
The purpose of this in- spection shall be to determine the accuracy of the information provided in the request, to obtain information on the technical characteristics of the proposed converted facility, and to assess the conditions under which use for purposes not prohibited under this Convention may be permitted.
The Director-Gen- eral shall promptly submit a report to the Executive Council, the Conference, and all States Parties containing his recom- mendations on the measures necessary to convert the facility to purposes not prohibited under this Convention and to pro- vide assurance that the converted facility will be used only for purposes not prohibited under this Convention.
If the facility has been used for purposes not prohibited under this Convention before this Convention enters into force for the State Party, and is continuing to be in operation, but the measures required to be certified under paragraph 68 have not been taken, the Director-General shall immediately inform the Executive Council, which may require implementation of measures it deems appropriate, inter alia, shut-down of the fa- cility and removal of specialized equipment and modification of buildings or structures.
The Executive Council shall stipu- 74.

146 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part V—continued D.—continued late the deadline for implementation of these measures and shall suspend consideration of the request pending their sat- isfactory completion.

The facility shall be inspected promptly after the expiration of the deadline to determine whether the measures have been implemented.
If not, the State Party shall be required to shut down completely all facility operations.

75.

As soon as possible after receiving the report of the Director- General, the Conference, upon recommendation of the Ex- ecutive Council, shall decide, taking into account the report and any views expressed by States Parties, whether to approve the request, and shall establish the conditions upon which ap- proval is contingent.
If any State Party objects to approval of the request and the associated conditions, consultations shall be undertaken among interested States Parties for up to 90 days to seek a mutually acceptable solution.

A decision on the request and associated conditions, along with any proposed modifications thereto, shall be taken, as a matter of substance, as soon as possible after the end of the consultation period.
If the request is approved, a facility agreement shall be com- pleted not later than 90 days after such a decision is taken.

The facility agreement shall contain the conditions under which the conversion and use of the facility is permitted, including meas- ures for verification.

Conversion shall not begin before the fa- cility agreement is concluded.

76.

Detailed plans for conversion 77.
Not less than 180 days before conversion of a chemical weapons production facility is planned to begin, the State Party shall provide the Technical Secretariat with the detailed plans for conversion of the facility, including proposed meas- ures for verification of conversion, with respect to, inter alia: Timing of the presence of the inspectors at the facility (a) to be converted; and Procedures for verification of measures to be applied to each item on the declared inventory.
(b) 147 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part V—continued D.—continued 78.
The detailed plan for conversion of each chemical weapons production facility shall contain: (a) (b) (c) Detailed time schedule of the conversion process; Layout of the facility before and after conversion; Process flow diagram of the facility before, and as ap- propriate, after the conversion; (d) Detailed inventory of equipment, buildings and struc- tures and other items to be destroyed and of the build- ings and structures to be modified; (e) Measures to be applied to each item on the inventory, if (f) (g) any; Proposed measures for verification; Security/safety measures to be observed during the con- version of the facility; and (h) Working and living conditions to be provided for in- spectors.
Review of detailed plans 79.

On the basis of the detailed plan for conversion and proposed measures for verification submitted by the State Party, and on experience from previous inspections, the Technical Secre- tariat shall prepare a plan for verifying the conversion of the fa- cility, consulting closely with the State Party.

Any differences between the Technical Secretariat and the State Party concern- ing appropriate measures shall be resolved through consult- ations.
Any unresolved matters shall be forwarded to the Ex- ecutive Council for appropriate action with a view to facilitate the full implementation of this Convention.

To ensure that the provisions of Article V and this Part are fulfilled, the combined plans for conversion and verification shall be agreed upon between the Executive Council and the State Party.

This agreement shall be completed not less than 60 days before conversion is planned to begin.
Each member of the Executive Council may consult with the Technical Secretariat on any issue regarding the adequacy of the combined plan for conversion and verification.

If there are 80.

81.

148 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex 82.

83.

84.

85.

Part V—continued D.—continued no objections by any member of the Executive Council, the plan shall be put into action.
If there are any difficulties, the Executive Council should enter into consultations with the State Party to reconcile them.

If any difficulties remain unresolved, they should be referred to the Conference.

The resolution of any differences over methods of conversion should not delay the execution of other parts of the conversion plan that are acceptable.
If agreement is not reached with the Executive Council on as- pects of verification, or if the approved verification plan can- not be put into action, verification of conversion shall proceed through continuous monitoring with on-site instruments and physical presence of inspectors.

Conversion and verification shall proceed according to the agreed plan.
The verification shall not unduly interfere with the conversion process and shall be conducted through the presence of inspectors to confirm the conversion.

For the 10 years after the Director-General certifies that con- version is complete, the State Party shall provide to inspectors unimpeded access to the facility at any time.

The inspectors shall have the right to observe all areas, all activities, and all items of equipment at the facility.
The inspectors shall have the right to verify that the activities at the facility are consis- tent with any conditions established under this Section, by the Executive Council and the Conference.
The inspectors shall also have the right, in accordance with provisions of Part II, Section E, of this Annex to receive samples from any area of the facility and to analyse them to verify the absence of Sched- ule 1 chemicals, their stable by-products and decomposition products and of Schedule 2 chemicals and to verify that the ac- tivities at the facility are consistent with any other conditions on chemical activities established under this Section, by the Executive Council and the Conference.
The inspectors shall also have the right to managed access, in accordance with Part X, Section C, of this Annex, to the plant site at which the fa- cility is located.

During the 10-year period, the State Party 149 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part V—continued D.—continued shall report annually on the activities at the converted facility.
Upon completion of the 10-year period, the Executive Coun- cil, taking into account recommendations of the Technical Sec- retariat, shall decide on the nature of continued verification measures.

Costs of verification of the converted facility shall be allocated in association with Article V, paragraph 19.
Part VI Activities not prohibited under this Convention in accordance with Article VI Regime for Schedule 1 chemicals and facilities related to such chemicals A.—General provisions A State Party shall not produce, acquire, retain or use Schedule 1 chemicals outside the territories of States Parties and shall not transfer such chemicals outside its territory except to an- other State Party.
A State Party shall not produce, acquire, retain, transfer or use Schedule 1 chemicals unless: (a) The chemicals are applied to research, medical, pharmaceutical or protective purposes; and The types and quantities of chemicals are strictly limited to those which can be justified for such pur- poses; and The aggregate amount of such chemicals at any given time for such purposes is equal to or less than 1 tonne; and The aggregate amount for such purposes acquired by a State Party in any year through production, withdrawal from chemical weapons stocks and transfer is equal to or less than 1 tonne.
(b) (c) (d) 86.

1.

2.

150 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part VI—continued B.—Transfers 3.

4.

5.

6.

7.

8.

A State Party may transfer Schedule 1 chemicals outside its territory only to another State Party and only for research, medical, pharmaceutical or protective purposes in accordance with paragraph 2.

Chemicals transferred shall not be retransferred to a third State.
Not less than 30 days before any transfer to another State Party both States Parties shall notify the Technical Secretariat of the transfer.

Each State Party shall make a detailed annual declaration re- garding transfers during the previous year.
The declaration shall be submitted not later than 90 days after the end of that year and shall for each Schedule 1 chemical that has been transferred include the following information: (a) The chemical name, structural formula and Chemical Abstracts Service registry number, if assigned; The quantity acquired from other States or transferred to other States Parties.

For each transfer the quantity, recipient and purpose shall be included.
(b) C.—Production General principles for production Each State Party, during production under paragraphs 8 to 12, shall assign the highest priority to ensuring the safety of people and to protecting the environment.

Each State Party shall con- duct such production in accordance with its national standards for safety and emissions.
Single small-scale facility Each State Party that produces Schedule 1 chemicals for re- search, medical, pharmaceutical or protective purposes shall carry out the production at a single small-scale facility ap- proved by the State Party, except as set forth in paragraphs 10, 11 and 12.
151 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part VI—continued C.—continued The production at a single small-scale facility shall be carried out in reaction vessels in production lines not configurated for continuous operation.

The volume of such a reaction vessel shall not exceed 100 litres, and the total volume of all reaction vessels with a volume exceeding 5 litres shall not be more than 500 litres.
Other facilities Production of Schedule 1 chemicals in aggregate quantities not exceeding 10 kg per year may be carried out for protective purposes at one facility outside a single small-scale facility.

This facility shall be approved by the State Party.

Production of Schedule 1 chemicals in quantities of more than 100 g per year may be carried out for research, medical or pharmaceutical purposes outside a single small-scale facility in aggregate quantities not exceeding 10 kg per year per facil- ity.
These facilities shall be approved by the State Party.

Synthesis of Schedule 1 chemicals for research, medical or pharmaceutical purposes, but not for protective purposes, may be carried out at laboratories in aggregate quantities less than 100 g per year per facility.
These facilities shall not be sub- ject to any obligation relating to declaration and verification as specified in Sections D and E. D.—Declarations Single small-scale facility Each State Party that plans to operate a single small-scale fa- cility shall provide the Technical Secretariat with the precise location and a detailed technical description of the facility, in- cluding an inventory of equipment and detailed diagrams.
For existing facilities, this initial declaration shall be provided not later than 30 days after this Convention enters into force for the State Party.

Initial declarations on new facilities shall be provided not less than 180 days before operations are to begin.

9.

10.

11.

12.

13.

152 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part VI—continued D.—continued 14.
Each State Party shall give advance notification to the Tech- nical Secretariat of planned changes related to the initial dec- laration.

The notification shall be submitted not less than 180 days before the changes are to take place.

15.

A State Party producing Schedule 1 chemicals at a single small-scale facility shall make a detailed annual declaration regarding the activities of the facility for the previous year.
The declaration shall be submitted not later than 90 days after the end of that year and shall include: (a) (b) Identification of the facility; For each Schedule 1 chemical produced, acquired, con- sumed or stored at the facility, the following informa- tion: (i) The chemical name, structural formula and Chemical Abstracts Service registry number, if assigned; The methods employed and quantity produced; (ii) (iii) The name and quantity of precursors listed in Schedules 1, 2, or 3 used for production of Sched- ule 1 chemicals; (iv) The quantity consumed at the facility and the pur- (v) pose(s) of the consumption; The quantity received from or shipped to other facilities in the State Party.
For each shipment the quantity, recipient and purpose should be in- cluded; (vi) The maximum quantity stored at any time during the year; and (c) (vii) The quantity stored at the end of the year; and Information on any changes at the facility during the year compared to previously submitted detailed tech- nical descriptions of the facility including inventories of equipment and detailed diagrams.

16.
16.

Each State Party producing Schedule 1 chemicals at a single small-scale facility shall make a detailed annual declaration regarding the projected activities and the anticipated produc- 153 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part VI—continued D.—continued tion at the facility for the coming year.
The declaration shall be submitted not less than 90 days before the beginning of that year and shall include: (a) (b) Identification of the facility; For each Schedule 1 chemical anticipated to be pro- duced, consumed or stored at the facility, the following information: (i) The chemical name, structural formula and Chemical Abstracts Service registry number, if assigned; The quantity anticipated to be produced and the purpose of the production; and (ii) (c) Information on any anticipated changes at the facility during the year compared to previously submitted de- tailed technical descriptions of the facility including in- ventories of equipment and detailed diagrams.
Other facilities referred to in paragraphs 10 and 11 For each facility, a State Party shall provide the Technical Secretariat with the name, location and detailed technical de- scription of the facility or its relevant part(s) as requested by the Technical Secretariat.

The facility producing Schedule 1 chemicals for protective purposes shall be specifically iden- tified.
For existing facilities, this initial declaration shall be provided not later than 30 days after this Convention enters into force for the State Party.

Initial declarations on new facil- ities shall be provided not less than 180 days before operations are to begin.

Each State Party shall give advance notification to the Tech- nical Secretariat of planned changes related to the initial dec- laration.

The notification shall be submitted not less than 180 days before the changes are to take place.
Each State Party shall, for each facility, make a detailed annual declaration regarding the activities of the facility for the pre- 17.

18.

19.

154 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part VI—continued D.—continued vious year.
The declaration shall be submitted not later than 90 days after the end of that year and shall include: (a) (b) Identification of the facility; For each Schedule 1 chemical the following informa- tion: (i) (ii) The chemical name, structural formula and Chemical Abstracts Service registry number, if assigned; The quantity produced and, in case of production for protective purposes, methods employed; (iii) The name and quantity of precursors listed in Schedules 1, 2, or 3, used for production of Schedule 1 chemicals; (iv) The quantity consumed at the facility and the pur- (v) pose of the consumption; The quantity transferred to other facilities within the State Party.
For each transfer the quantity, recipient and purpose should be included; (vi) The maximum quantity stored at any time during the year; and (c) (vii) The quantity stored at the end of the year; and Information on any changes at the facility or its relevant parts during the year compared to previously submitted detailed technical description of the facility.
Each State Party shall, for each facility, make a detailed an- nual declaration regarding the projected activities and the an- ticipated production at the facility for the coming year.

The declaration shall be submitted not less than 90 days before the beginning of that year and shall include: Identification of the facility; (a) For each Schedule 1 chemical the following informa- (b) tion: (i) The chemical name, structural formula and Chemical Abstracts Service registry number, if assigned; and 20.
155 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part VI—continued D.—continued (c) (ii) The quantity anticipated to be produced, the time periods when the production is anticipated to take place and the purposes of the production; and Information on any anticipated changes at the facility or its relevant parts, during the year compared to pre- viously submitted detailed technical descriptions of the facility.

E.—Verification Single small-scale facility 22.

23.

21.
23.

21.

The aim of verification activities at the single small-scale fa- cility shall be to verify that the quantities of Schedule 1 chem- icals produced are correctly declared and, in particular, that their aggregate amount does not exceed 1 tonne.

The facility shall be subject to systematic verification through on-site inspection and monitoring with on-site instruments.
The number, intensity, duration, timing and mode of inspec- tions for a particular facility shall be based on the risk to the object and purpose of this Convention posed by the relevant chemicals, the characteristics of the facility and the nature of the activities carried out there.

Appropriate guidelines shall be considered and approved by the Conference pursuant to Art- icle VIII, paragraph 21(i).
The purpose of the initial inspection shall be to verify infor- mation provided concerning the facility, including verification of the limits on reaction vessels set forth in paragraph 9.

25.

Not later than 180 days after this Convention enters into force for a State Party, it shall conclude a facility agreement, based on a model agreement, with the Organization, covering de- tailed inspection procedures for the facility.
Each State Party planning to establish a single small-scale fa- cility after this Convention enters into force for it shall con- clude a facility agreement, based on a model agreement, with the Organization, covering detailed inspection procedures for the facility before it begins operation or is used.

26.

24.

156 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part VI—continued E.—continued 27.
A model for agreements shall be considered and approved by the Conference pursuant to Article VIII, paragraph 21(i).

Other facilities referred to in paragraphs 10 and 11 28.

29.

30.
29.

30.

The aim of verification activities at any facility referred to in paragraphs 10 and 11 shall be to verify that: (a) The facility is not used to produce any Schedule 1 chem- ical, except for the declared chemicals; The quantities of Schedule 1 chemicals produced, pro- cessed or consumed are correctly declared and consis- tent with needs for the declared purpose; and The Schedule 1 chemical is not diverted or used for other purposes.
(b) (c) The facility shall be subject to systematic verification through on-site inspection and monitoring with on-site instruments.

The number, intensity, duration, timing and mode of inspec- tions for a particular facility shall be based on the risk to the object and purpose of this Convention posed by the quantities of the chemicals produced, the characteristics of the facility and the nature of the activities carried out there.
Appropriate guidelines shall be considered and approved by the Confer- ence pursuant to Article VIII, paragraph 21(i).

31.

Not later than 180 days after this Convention enters into force for a State Party, it shall conclude facility agreements with the Organization, based on a model agreement covering detailed inspection procedures for each facility.
Each State Party planning to establish such a facility after entry into force of this Convention shall conclude a facility agree- ment with the Organization before the facility begins operation or is used.

32.
157 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part VII Activities not prohibited under this Convention in accordance with Article VI Regime for Schedule 2 chemicals and facilities related to such chemicals A.—Declarations Declarations of aggregate national data The initial and annual declarations to be provided by each State Party pursuant to Article VI, paragraphs 7 and 8, shall in- clude aggregate national data for the previous calendar year on the quantities produced, processed, consumed, imported and exported of each Schedule 2 chemical, as well as a quantitative specification of import and export for each country involved.
Each State Party shall submit: (a) Initial declarations pursuant to paragraph 1 not later than 30 days after this Convention enters into force for it; and, starting in the following calendar year, (b) Annual declarations not later than 90 days after the end of the previous calendar year.
Declarations of plant sites producing, processing or consuming Schedule 2 chemicals Initial and annual declarations are required for all plant sites that comprise one or more plant(s) which produced, processed or consumed during any of the previous three calendar years or is anticipated to produce, process or consume in the next calendar year more than: (a) (b) 1 kg of a chemical designated “*” in Schedule 2, part A; 100 kg of any other chemical listed in Schedule 2, part A; or 1 tonne of a chemical listed in Schedule 2, part B.
(c) Each State Party shall submit: (a) Initial declarations pursuant to paragraph 3 not later than 30 days after this Convention enters into force for it; and, starting in the following calendar year; (b) Annual declarations on past activities not later than 90 days after the end of the previous calendar year; 1.

2.

3.

4.

158 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part VII—continued A.—continued 5.

6.

7.
6.

7.

(c) Annual declarations on anticipated activities not later than 60 days before the beginning of the following cal- endar year.

Any such activity additionally planned after the annual declaration has been submitted shall be de- clared not later than five days before this activity begins.

Declarations pursuant to paragraph 3 are generally not required for mixtures containing a low concentration of Schedule 2 chemical.
They are only required, in accordance with guidelines, in cases where the ease of recovery from the mixture of the Schedule 2 chemical and its total weight are deemed to pose a risk to the object and purpose of this Con- vention.

These guidelines shall be considered and approved by the Conference pursuant to Article VIII, paragraph 21(i).
Declarations of a plant site pursuant to paragraph 3 shall in- clude: (a) The name of the plant site and the name of the owner, company, or enterprise operating it; Its precise location including the address; and The number of plants within the plant site which are declared pursuant to Part VIII of this Annex.
(b) (c) Declarations of a plant site pursuant to paragraph 3 shall also include, for each plant which is located within the plant site and which falls under the specification set forth in paragraph 3, the following information: (a) The name of the plant and the name of the owner, com- pany, or enterprise operating it; Its precise location within the plant site including the specific building or structure number, if any; (c) Its main activities; (d) Whether the plant: (b) (i) (ii) Produces, processes, or consumes the declared Schedule 2 chemical(s); Is dedicated to such activities or multi-purpose; and 159 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part VII—continued A.—continued (iii) Performs other activities with regard to the de- clared Schedule 2 chemical(s), including a speci- fication of that other activity (e.g.
storage); and The production capacity of the plant for each declared Schedule 2 chemical.
(e) Declarations of a plant site pursuant to paragraph 3 shall also include the following information on each Schedule 2 chem- ical above the declaration threshold: (a) (b) (c) (d) (e) The chemical name, common or trade name used by the facility, structural formula, and Chemical Abstracts Service registry number, if assigned; In the case of the initial declaration: the total amount produced, processed, consumed, imported and exported by the plant site in each of the three previous calendar years; In the case of the annual declaration on past activities: the total amount produced, processed, consumed, im- ported and exported by the plant site in the previous cal- endar year; In the case of the annual declaration on anticipated ac- tivities: the total amount anticipated to be produced, processed or consumed by the plant site in the following calendar year, including the anticipated time periods for production, processing or consumption; and The purposes for which the chemical was or will be produced, processed or consumed: (i) Processing and consumption on site with a spe- cification of the product types; Sale or transfer within the territory or to any other place under the jurisdiction or control of the State Party, with a specification whether to other indus- try, trader or other destination and, if possible, of final product types; (ii) (iii) Direct export, with a specification of the States involved; or 8.
160 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part VII—continued A.—continued (iv) Other, including a specification of these other purposes.

Declarations on past production of Schedule 2 chemicals for chemical weapons purposes 9.

Each State Party shall, not later than 30 days after this Conven- tion enters into force for it, declare all plant sites comprising plants that produced at any time since 1 January 1946 a Sched- ule 2 chemical for chemical weapons purposes.

10.
Declarations of a plant site pursuant to paragraph 9 shall in- clude: (a) (b) (c) (d) The name of the plant site and the name of the owner, company, or enterprise operating it; Its precise location including the address; For each plant which is located within the plant site, and which falls under the specifications set forth in para- graph 9, the same information as required under para- graph 7, subparagraphs (a) to (e); and For each Schedule 2 chemical produced for chemical weapons purposes: (i) The chemical name, common or trade name used by the plant site for chemical weapons produc- tion purposes, structural formula, and Chemical Abstracts Service registry number, if assigned; The dates when the chemical was produced and the quantity produced; and (ii) (iii) The location to which the chemical was delivered and the final product produced there, if known.
Information to States Parties 11.

A list of plant sites declared under this Section together with the information provided under paragraphs 6, 7(a), 7(c), 7(d)(i), 7(d)(iii), 8(a) and 10 shall be transmitted by the Technical Secretariat to States Parties upon request.

161 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part VII—continued B.—Verification General 12.
Verification provided for in Article VI, paragraph 4, shall be carried out through on-site inspection at those of the declared plant sites that comprise one or more plants which produced, processed or consumed during any of the previous three cal- endar years or are anticipated to produce, process or consume in the next calendar year more than: (a) (b) 10 kg of a chemical designated “*” in Schedule 2, part A; 1 tonne of any other chemical listed in Schedule 2, part A; or 10 tonnes of a chemical listed in Schedule 2, part B.
(c) The programme and budget of the Organization to be adopted by the Conference pursuant to Article VIII, paragraph 21(a) shall contain, as a separate item, a programme and budget for verification under this Section.

In the allocation of resources made available for verification under Article VI, the Technical Secretariat shall, during the first three years after the entry into force of this Convention, give priority to the initial inspections of plant sites declared under Section A.
The allocation shall thereafter be reviewed on the basis of the experience gained.

The Technical Secretariat shall conduct initial inspections and subsequent inspections in accordance with paragraphs 15 to 22.

Inspection aims The general aim of inspections shall be to verify that activ- ities are in accordance with obligations under this Convention and consistent with the information to be provided in declar- ations.
Particular aims of inspections at plant sites declared under Section A shall include verification of: (a) The absence of any Schedule 1 chemical, especially its production, except if in accordance with Part VI of this Annex; 13.

14.

15.
14.

15.

162 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part VII—continued B.—continued (b) (c) Consistency with declarations of levels of production, processing or consumption of Schedule 2 chemicals; and Non-diversion of Schedule 2 chemicals for activities prohibited under this Convention.

Initial inspections 16.


Each plant site to be inspected pursuant to paragraph 12 shall receive an initial inspection as soon as possible but preferably not later than three years after entry into force of this Con- vention.

Plant sites declares after this period shall receive an initial inspection not later than one year after production, pro- cessing or consumption is first declared.
Selection of plant sites for initial inspections shall be made by the Technical Sec- retariat in such a way as to preclude the prediction of precisely when the plant site is to be inspected.

17.

During the initial inspection, a draft facility agreement for the plant site shall be prepared unless the inspected State Party and the Technical Secretariat agree that it is not needed.

18.
With regard to frequency and intensity of subsequent inspec- tions, inspectors shall during the initial inspection assess the risk to the object and purpose of this Convention posed by the relevant chemicals, the characteristics of the plant site and the nature of the activities carried out there, taking into account, inter alia, the following criteria: (a) (b) (c) (d) (e) The toxicity of the scheduled chemicals and of the end- products produced with it, if any; The quantity of the scheduled chemicals typically stored at the inspected site; The quantity of feedstock chemicals for the scheduled chemicals typically stored at the inspected site; The production capacity of the Schedule 2 plants; and The capability and convertibility for initiating produc- tion, storage and filling of toxic chemicals at the in- spected site.
163 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part VII—continued B.—continued 20.

Inspections 19.

Having received the initial inspection, each plant site to be inspected pursuant to paragraph 12 shall be subject to subse- quent inspections.
In selecting particular plant sites for inspection and in decid- ing on the frequency and intensity of inspections, the Technical Secretariat shall give due consideration to the risk to the object and purpose of this Convention posed by the relevant chem- ical, the characteristics of the plant site and the nature of the activities carried out there, taking into account the respective facility agreement as well as the results of the initial inspec- tions and subsequent inspections.
The Technical Secretariat shall choose a particular plant site to be inspected in such a way as to preclude the prediction of exactly when it will be inspected.

21.

22.

No plant site shall receive more than two inspections per cal- endar year under the provisions of this Section.

This, however, shall not limit inspections pursuant to Article IX.

Inspection procedures 23.


In addition to agreed guidelines, other relevant provisions of this Annex and the Confidentiality Annex, paragraphs 24 to 30 below shall apply.

24.

A facility agreement for the declared plant site shall be con- cluded not later than 90 days after completion of the initial inspection between the inspected State Party and the Organ- ization unless the inspected State Party and the Technical Sec- retariat agree that it is not needed.
It shall be based on a model agreement and govern the conduct of inspections at the de- clared plant site.

The agreement shall specify the frequency and intensity of inspections as well as detailed inspection pro- cedures, consistent with paragraphs 25 to 29.

The focus of the inspection shall be the declared Schedule 2 plant(s) within the declared plant site.

If the inspection team requests access to other parts of the plant site, access to these 25.
164 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part VII—continued B.—continued areas shall be granted in accordance with the obligation to pro- vide clarification pursuant to Part II, paragraph 51, of this An- nex and in accordance with the facility agreement, or, in the absence of a facility agreement, in accordance with the rules of managed access as specified in Part X, Section C, of this Annex.

26.
26.

Access to records shall be provided, as appropriate, to pro- vide assurance that there has been no diversion of the declared chemical and that production has been consistent with declar- ations.

Sampling and analysis shall be undertaken to check for the absence of undeclared scheduled chemicals.

27.

28.
27.

28.

Areas to be inspected may include: (a) Areas where feed chemicals (reactants) are delivered or stored; (c) (d) (b) Areas where manipulative processes are performed upon the reactants prior to addition to the reaction vessels; Feed lines as appropriate from the areas referred to in subparagraph (a) or subparagraph (b) to the reac- tion vessels together with any associated valves, flow meters, etc.
; The external aspect of the reaction vessels and ancillary equipment; Lines from the reaction vessels leading to long- or short- term storage or to equipment further processing the de- clared Schedule 2 chemicals; Control equipment associated with any of the items under subparagraphs (a) to (e); Equipment and areas for waste and effluent handling; Equipment and areas for disposition of chemicals not up to specification.

(g) (h) (e) (f) 29.
(g) (h) (e) (f) 29.

The period of inspection shall not last more than 96 hours; however, extensions may be agreed between the inspection team and the inspected State Party.

165 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part VII—continued B.—continued Notification of inspection 30.

A State Party shall be notified by the Technical Secretariat of the inspection not less than 48 hours before the arrival of the inspection team at the plant site to be inspected.
C.—Transfers to States not Party to this Convention 31.

Schedule 2 chemicals shall only be transferred to or received from States Parties.

This obligation shall take effect three years after entry into force of this Convention.

32.

During this interim three-year period, each State Party shall require an end-use certificate, as specified below, for transfers of Schedule 2 chemicals to States not Party to this Convention.
For such transfers, each State Party shall adopt the necessary measures to ensure that the transferred chemicals shall only be used for purposes not prohibited under this Convention.
Inter alia, the State Party shall require from the recipient State a certificate stating, in relation to the transferred chemicals: (a) That they will only be used for purposes not prohibited under this Convention; That they will not be re-transferred; Their types and quantities; Their end-use(s); and The name(s) and address(es) of the end-user(s).
(b) (c) (d) (e) Part VIII Activities not prohibited under this Convention in accordance with Article VI Regime for Schedule 3 chemicals and facilities related to such chemicals A.—Declarations Declarations of aggregate national data The initial and annual declarations to be provided by a State Party pursuant to Article VI, paragraphs 7 and 8, shall include 1.

166 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex 2.

3.

4.

5.
3.

4.

5.

Part VIII—continued A.—continued aggregate national data for the previous calendar year on the quantities produced, imported and exported of each Schedule 3 chemical, as well as a quantitative specification of import and export for each country involved.
Each State Party shall submit: (a) Initial declarations pursuant to paragraph 1 not later than 30 days after this Convention enters into force for it; and, starting in the following calendar year, (b) Annual declarations not later than 90 days after the end of the previous calendar year.
Declarations of plant sites producing Schedule 3 chemicals (c) Initial and annual declarations are required for all plant sites that comprise one or more plants which produced during the previous calendar year or are anticipated to produce in the next calendar year more than 30 tonnes of a Schedule 3 chemical.
Each State Party shall submit: (a) Initial declarations pursuant to paragraph 3 not later than 30 days after this Convention enters into force for it; and, starting in the following calendar year; (b) Annual declarations on past activities not later than 90 days after the end of the previous calendar year; Annual declarations on anticipated activities not later than 60 days before the beginning of the following cal- endar year.
Any such activity additionally planned after the annual declaration has been submitted shall be de- clared not later than five days before this activity begins.

Declarations pursuant to paragraph 3 are generally not re- quired for mixtures containing a low concentration of a Schedule 3 chemical.
They are only required, in accordance with guidelines, in such cases where the ease of recovery from the mixture of the Schedule 3 chemical and its total weight are deemed to pose a risk to the object and purpose of this Convention.

These guidelines shall be considered 167 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part VIII—continued A.—continued and approved by the Conference pursuant to Article VIII, paragraph 21(i).
Declarations of a plant site pursuant to paragraph 3 shall in- clude: (a) The name of the plant site and the name of the owner, company, or enterprise operating it; Its precise location including the address; and The number of plants within the plant site which are declared pursuant to Part VII of this Annex.
(b) (c) (b) Declarations of a plant site pursuant to paragraph 3 shall also include, for each plant which is located within the plant site and which falls under the specifications set forth in paragraph 3, the following information: (a) The name of the plant and the name of the owner, com- pany, or enterprise operating it; Its precise location within the plant site, including the specific building or structure number, if any; Its main activities.
(c) Declarations of a plant site pursuant to paragraph 3 shall also include the following information on each Schedule 3 chem- ical above the declaration threshold: (a) The chemical name, common or trade name used by the facility, structural formula, and Chemical Abstracts Service registry number, if assigned; The approximate amount of production of the chemical in the previous calendar year, or, in case of declarations on anticipated activities, anticipated for the next cal- endar year, expressed in the ranges: 30 to 200 tonnes, 200 to 1,000 tonnes, 1,000 to 10,000 tonnes, 10,000 to 100,000 tonnes, and above 100,000 tonnes; and The purposes for which the chemical was or will be produced.
(b) (c) 6.

7.

8.

168 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part VIII—continued A.—continued Declarations on past production of Schedule 3 chemicals for chemical weapons purposes 9.

Each State Party shall, not later than 30 days after this Conven- tion enters into force for it, declare all plant sites comprising plants that produced at any time since 1 January 1946 a Sched- ule 3 chemical for chemical weapons purposes.

10.
Declarations of a plant site pursuant to paragraph 9 shall in- clude: (a) (b) (c) (d) The name of the plant site and the name of the owner, company, or enterprise operating it; Its precise location including the address; For each plant which is located within the plant site, and which falls under the specifications set forth in para- graph 9, the same information as required under para- graph 7, subparagraphs (a) to (c); and For each Schedule 3 chemical produced for chemical weapons purposes: (i) The chemical name, common or trade name used by the plant site for chemical weapons produc- tion purposes, structural formula, and Chemical Abstracts Service registry number, if assigned; The dates when the chemical was produced and the quantity produced; and (ii) (iii) The location to which the chemical was delivered and the final product produced there, if known.
Information to States Parties 11.

A list of plant sites declared under this Section together with the information provided under paragraphs 6, 7(a), 7(c), 8(a) and 10 shall be transmitted by the Technical Secretariat to States Parties upon request.

169 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part VIII—continued B.—Verification General 12.
Verification provided for in paragraph 5 of Article VI shall be carried out through on-site inspections at those declared plant sites which produced during the previous calendar year or are anticipated to produce in the next calendar year in excess of 200 tonnes aggregate of any Schedule 3 chemical above the declaration threshold of 30 tonnes.
The programme and budget of the Organization to be adopted by the Conference pursuant to Article VIII, paragraph 21(a), shall contain, as a separate item, a programme and budget for verification under this Section taking into account Part VII, paragraph 13, of this Annex.

13.

14.
Under this Section, the Technical Secretariat shall randomly select plant sites for inspection through appropriate mechan- isms, such as the use of specially designed computer software, on the basis of the following weighting factors: (a) (b) Equitable geographical distribution of inspections; and The information on the declared plant sites available to the Technical Secretariat, related to the relevant chem- ical, the characteristics of the plant site and the nature of the activities carried out there.
16.

15.

No plant site shall receive more than two inspections per year under the provisions of this Section.

This, however, shall not limit inspections pursuant to Article IX.
In selecting plant sites for inspection under this Section, the Technical Secretariat shall observe the following limitation for the combined number of inspections to be received by a State Party per calendar year under this Part and Part IX of this Annex: the combined number of inspections shall not ex- ceed three plus 5 per cent of the total number of plant sites declared by a State Party under both this Part and Part IX of this Annex, or 20 inspections, whichever of these two figures is lower.
170 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part VIII—continued B.—continued Inspection aims 17.

At plant sites declared under Section A, the general aim of inspections shall be to verify that activities are consistent with the information to be provided in declarations.

The particular aim of inspections shall be the verification of the absence of any Schedule 1 chemical, especially its production, except if in accordance with Part VI of this Annex.

18.

19.

20.

21.
18.

19.

20.

21.

22.

Inspection procedures In addition to agreed guidelines, other relevant provisions of this Annex and the Confidentiality Annex, paragraphs 19 to 25 below shall apply.

There shall be no facility agreement, unless requested by the inspected State Party.

The focus of the inspections shall be the declared Schedule 3 plant(s) within the declared plant site.
If the inspection team, in accordance with Part II, paragraph 51, of this Annex, re- quests access to other parts of the plant site for clarification of ambiguities, the extent of such access shall be agreed between the inspection team and the inspected State Party.

The inspection team may have access to records in situations in which the inspection team and the inspected State Party agree that such access will assist in achieving the objectives of the inspection.
Sampling and on-site analysis may be undertaken to check for the absence of undeclared scheduled chemicals.

In case of un- resolved ambiguities, samples may be analysed in a designated off-site laboratory, subject to the inspected State Party’s agree- ment.

23.
Areas to be inspected may include: (a) Areas where feed chemicals (reactants) are delivered or stored; (b) Areas where manipulative processes are performed upon the reactants prior to addition to the reaction vessel; 171 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part VIII—continued B.—continued (c) (d) (e) (f) (g) (h) Feed lines as appropriate from the areas referred to in subparagraph (a) or subparagraph (b) to the reaction vessel together with any associated valves, flow meters, etc.
; The external aspect of the reaction vessels and ancillary equipment; Lines from the reaction vessels leading to long- or short- term storage or to equipment further processing the de- clared Schedule 3 chemicals; Control equipment associated with any of the items under subparagraphs (a) to (e); Equipment and areas for waste and effluent handling; Equipment and areas for disposition of chemicals not up to specification.

24.
24.

The period of inspection shall not last more than 24 hours; however, extensions may be agreed between the inspection team and the inspected State Party.

Notification of inspection 25.

A State Party shall be notified by the Technical Secretariat of the inspection not less than 120 hours before the arrival of the inspection team at the plant site to be inspected.

C.—Transfers to States not Party to this Convention 26.
When transferring Schedule 3 chemicals to States not Party to this Convention, each State Party shall adopt the necessary measures to ensure that the transferred chemicals shall only be used for purposes not prohibited under this Convention.
Inter alia, the State Party shall require from the recipient State a certificate stating, in relation to the transferred chemicals: (a) That they will only be used for purposes not prohibited under this Convention; That they will not be re-transferred; Their types and quantities; Their end-use(s); and (b) (c) (d) 172 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part VIII—continued C.—continued 27.

The name(s) and address(es) of the end-user(s).


(e) Five years after entry into force of this Convention, the Con- ference shall consider the need to establish other measures re- garding transfers of Schedule 3 chemicals to States not Party to this Convention.

Part IX Activities not prohibited under this Convention in accordance with Article VI Regime for other chemical production facilities A.—Declarations List of other chemical production facilities 1.

2.

3.
The initial declaration to be provided by each State Party pur- suant to Article VI, paragraph 7, shall include a list of all plant sites that: (a) Produced by synthesis during the previous calendar year more than 200 tonnes of unscheduled discrete organic chemicals; or Comprise one or more plants which produced by syn- thesis during the previous calendar year more than 30 tonnes of an unscheduled discrete organic chem- ical containing the elements phosphorus, sulfur or fluorine (hereinafter referred to as “PSF-plants” and “PSF-chemical”).
(b) The list of other chemical production facilities to be submit- ted pursuant to paragraph 1 shall not include plant sites that exclusively produced explosives or hydrocarbons.

Each State Party shall submit its list of other chemical pro- duction facilities pursuant to paragraph 1 as part of its initial declaration not later than 30 days after this Convention enters into force for it.
Each State Party shall, not later than 90 days after the beginning of each following calendar year, provide annually the information necessary to update the list.

173 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part IX—continued A.—continued 4.
The list of other chemical production facilities to be submitted pursuant to paragraph 1 shall include the following informa- tion on each plant site: (a) The name of the plant site and the name of the owner, company, or enterprise operating it; The precise location of the plant site including its ad- dress; Its main activities; and The approximate number of plants producing the chem- icals specified in paragraph 1 in the plant site.

(b) (c) (d) 5.
(b) (c) (d) 5.

With regard to plant sites listed pursuant to paragraph 1(a), the list shall also include information on the approximate ag- gregate amount of production of the unscheduled discrete or- ganic chemicals in the previous calendar year expressed in the ranges: under 1,000 tonnes, 1,000 to 10,000 tonnes and above 10,000 tonnes.

6.
6.

With regard to plant sites listed pursuant to paragraph 1(b), the list shall also specify the number of PSF-plants within the plant site and include information on the approximate ag- gregate amount of production of PSF-chemicals produced by each PSF-plant in the previous calendar year expressed in the ranges: under 200 tonnes, 200 to 1,000 tonnes, 1,000 to 10,000 tonnes and above 10,000 tonnes.
Assistance by the Technical Secretariat If a State Party, for administrative reasons, deems it neces- sary to ask for assistance in compiling its list of chemical pro- duction facilities pursuant to paragraph 1, it may request the Technical Secretariat to provide such assistance.

Questions as to the completeness of the list shall then be resolved through consultations between the State Party and the Technical Sec- retariat.

7.
7.

174 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part IX—continued A.—continued 8.

9.

10.

Information to States Parties The lists of other chemical production facilities submitted pur- suant to paragraph 1, including the information provided under paragraph 4, shall be transmitted by the Technical Secretariat to States Parties upon request.
B.—Verification General Subject to the provisions of Section C, verification as provided for in Article VI, paragraph 6, shall be carried out through on-site inspection at: (a) (b) Plant sites listed pursuant to paragraph 1(a); and Plant sites listed pursuant to paragraph 1(b) that com- prise one or more PSF-plants which produced during the previous calendar year more than 200 tonnes of a PSF-chemical.
The programme and budget of the Organization to be adopted by the Conference pursuant to Article VIII, paragraph 21(a), shall contain, as a separate item, a programme and budget for verification under this Section after its implementation has started.

11.
Under this Section, the Technical Secretariat shall randomly select plant sites for inspection through appropriate mechan- isms, such as the use of specially designed computer software, on the basis of the following weighting factors: (a) (b) Equitable geographical distribution of inspections; The information on the listed plant sites available to the Technical Secretariat, related to the characteristics of the plant site and the activities carried out there; and Proposals by States Parties on a basis to be agreed upon in accordance with paragraph 25.
(c) 12.

No plant site shall receive more than two inspections per year under the provisions of this Section.

This, however, shall not limit inspections pursuant to Article IX.

175 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part IX—continued B.—continued 13.
In selecting plant sites for inspection under this Section, the Technical Secretariat shall observe the following limitation for the combined number of inspections to be received by a State Party per calendar year under this Part and Part VIII of this Annex: the combined number of inspections shall not exceed three plus 5 per cent of the total number of plant sites declared by a State Party under both this Part and Part VIII of this An- nex, or 20 inspections, whichever of these two figures is lower.
Inspection aims 14.

At plant sites listed under Section A, the general aim of in- spections shall be to verify that activities are consistent with the information to be provided in declarations.

The particular aim of inspections shall be the verification of the absence of any Schedule 1 chemical, especially its production, except if in accordance with Part VI of this Annex.
Inspection procedures In addition to agreed guidelines, other relevant provisions of this Annex and the Confidentiality Annex, paragraphs 16 to 20 below shall apply.

There shall be no facility agreement, unless requested by the inspected State Party.

The focus of inspection at a plant site selected for inspection shall be the plant(s) producing the chemicals specified in para- graph 1, in particular the PSF-plants listed pursuant to para- graph 1(b).
The inspected State Party shall have the right to manage access to these plants in accordance with the rules of managed access as specified in Part X, Section C, of this An- nex.

If the inspection team, in accordance with Part II, para- graph 51, of this Annex, requests access to other parts of the plant site for clarification of ambiguities, the extent of such access shall be agreed between the inspection team and the in- spected State Party.

15.

16.

17.
15.

16.

17.

176 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part IX—continued B.—continued 18.

19.

20.

The inspection team may have access to records in situations in which the inspection team and the inspected State Party agree that such access will assist in achieving the objectives of the inspection.

Sampling and on-site analysis may be undertaken to check for the absence of undeclared scheduled chemicals.
In cases of unresolved ambiguities, samples may be analysed in a desig- nated off-site laboratory, subject to the inspected State Party’s agreement.

The period of inspection shall not last more than 24 hours; however, extensions may be agreed between the inspection team and the inspected State Party.

Notification of inspection 21.


A State Party shall be notified by the Technical Secretariat of the inspection not less than 120 hours before the arrival of the inspection team at the plant site to be inspected.

C.—Implementation and review of Section B Implementation 22.

23.
23.

The implementation of Section B shall start at the beginning of the fourth year after entry into force of this Convention unless the Conference, at its regular session in the third year after entry into force of this Convention, decides otherwise.
The Director-General shall, for the regular session of the Con- ference in the third year after entry into force of this Con- vention, prepare a report which outlines the experience of the Technical Secretariat in implementing the provisions of Parts VII and VIII of this Annex as well as of Section A of this Part.

24.
24.

At its regular session in the third year after entry into force of this Convention, the Conference, on the basis of a report of the Director-General, may also decide on the distribution of resources available for verification under Section B between “PSF-plants” and other chemical production facilities.
Other- wise, this distribution shall be left to the expertise of the Tech- 177 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part IX—continued C.—continued nical Secretariat and be added to the weighting factors in para- graph 11.

25.

At its regular session in the third year after entry into force of this Convention, the Conference upon advice of the Execu- tive Council, shall decide on which basis (e.g.
regional) pro- posals by States Parties for inspections should be presented to be taken into account as a weighting factor in the selection process specified in paragraph 11. Review 26.
At the first special session of the Conference convened pur- suant to Article VIII, paragraph 22, the provisions of this Part of the Verification Annex shall be re-examined in the light of a comprehensive review of the overall verification regime for the chemical industry (Article VI, Parts VII to IX of this An- nex) on the basis of the experience gained.

The conference shall then make recommendations so as to improve the effect- iveness of the verification regime.
Part X Challenge inspections pursuant to Article IX A.—Designation and selection of inspectors and inspection assistants Challenge inspections pursuant to Article IX shall only be per- formed by inspectors and inspection assistants especially des- ignated for this function.
In order to designate inspectors and inspection assistants for challenge inspections pursuant to Art- icle IX, the Director-General shall, by selecting inspectors and inspection assistants from among the inspectors and inspec- tion assistants for routine inspection activities, establish a list of proposed inspectors and inspection assistants.
It shall com- prise a sufficiently large number of inspectors and inspection assistants having the necessary qualification, experience, skill and training, to allow for flexibility in the selection of the in- spectors, taking into account their availability, and the need 1.

178 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex 2.

3.

4.

Part X—continued A.—continued for rotation.


Due regard shall be paid also to the importance of selecting inspectors and inspection assistants on as wide a geographical basis as possible.

The designation of inspectors and inspection assistants shall follow the procedures provided for under Part II, Section A, of this Annex.

The Director-General shall determine the size of the inspection team and select its members taking into account the circum- stances of a particular request.
The size of the inspection team shall be kept to a minimum necessary for the proper fulfilment of the inspection mandate.

No national of the requesting State Party or the inspected State Party shall be a member of the in- spection team.

B.—Pre-inspection activities Before submitting the inspection request for a challenge in- spection, the State Party may seek confirmation from the Dir- ector-General that the Technical Secretariat is in a position to take immediate action on the request.
If the Director-General cannot provide such confirmation immediately, he shall do so at the earliest opportunity, in keeping with the order of requests for confirmation.

He shall also keep the State Party informed of when it is likely that immediate action can be taken.

Should the Director-General reach the conclusion that timely action on requests can no longer be taken, he may ask the Executive Council to take appropriate action to improve the situation in the future.
Notification The inspection request for a challenge inspection to be sub- mitted to the Executive Council and the Director-General shall contain at least the following information: (a) The State Party to be inspected and, if applicable, the Host State; The point of entry to be used; The size and type of the inspection site; (b) (c) 179 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part X—continued B.—continued (d) The concern regarding possible non-compliance with this Convention including a specification of the relevant provisions of this Convention about which the concern has arisen, and of the nature and circumstances of the possible non-compliance as well as all appropriate in- formation on the basis of which the concern has arisen; and (e) The name of the observer of the requesting State Party.
The requesting State Party may submit any additional infor- mation it deems necessary.

The Director-General shall within one hour acknowledge to the requesting State Party receipt of its request.

The requesting State Party shall notify the Director-General of the location of the inspection site in due time for the Director- General to be able to provide this information to the inspected State Party not less than 12 hours before the planned arrival of the inspection team at the point of entry.
The inspection site shall be designated by the requesting State Party as specifically as possible by providing a site diagram related to a reference point with geographic coordinates, spe- cified to the nearest second if possible.

If possible, the re- questing State Party shall also provide a map with a general indication of the inspection site and a diagram specifying as precisely as possible the requested perimeter of the site to be inspected.
The requested perimeter shall: (a) Run at least a 10 metre distance outside any buildings or other structures; (b) Not cut through existing security enclosures; and (c) Run at least a 10 metre distance outside any existing se- curity enclosures that the requesting State Party intends to include within the requested perimeter.

If the requested perimeter does not conform with the specifi- cations of paragraph 8, it shall be redrawn by the inspection team so as to conform with that provision.

5.

6.

7.

8.
5.

6.

7.

8.

9.

180 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part X—continued B.—continued 10.

11.

The Director-General shall, not less than 12 hours before the planned arrival of the inspection team at the point of entry, inform the Executive Council about the location of the inspec- tion site as specified in paragraph 7.
Contemporaneously with informing the Executive Council ac- cording to paragraph 10, the Director-General shall transmit the inspection request to the inspected State Party including the location of the inspection site as specified in paragraph 7.

This notification shall also include the information specified in Part II, paragraph 32, of this Annex.

12.

Upon arrival of the inspection team at the point of entry, the inspected State Party shall be informed by the inspection team of the inspection mandate.
13.

14.

15.

Entry into the territory of the inspected State Party or the Host State The Director-General shall, in accordance with Article IX, paragraphs 13 to 18, dispatch an inspection team as soon as possible after an inspection request has been received.

The inspection team shall arrive at the point of entry specified in the request in the minimum time possible, consistent with the provisions of paragraphs 10 and 11.
If the requested perimeter is acceptable to the inspected State Party, it shall be designated as the final perimeter as early as possible, but in no case later than 24 hours after the arrival of the inspection team at the point of entry.

The inspected State Party shall transport the inspection team to the final perimeter of the inspection site.
If the inspected State Party deems it necessary, such transportation may begin up to 12 hours before the expiry of the time period specified in this paragraph for the designation of the final perimeter.

Transportation shall, in any case, be completed not later than 36 hours after the arrival of the inspection team at the point of entry.

For all declared facilities, the procedures in subparagraphs (a) and (b) shall apply.
(For the purposes of this Part, “declared facility” means all facilities declared pursuant to Articles III, 181 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part X—continued B.—continued IV, and V. With regard to Article VI, “declared facility” means only facilities declared pursuant to Part VI of this Annex, as well as declared plants specified by declarations pursuant to Part VII, paragraphs 7 and 10(c), and Part VIII, paragraphs 7 and 10(c), of this Annex.)
(a) If the requested perimeter is contained within or conforms with the declared perimeter, the declared perimeter shall be considered the final perimeter.

The final perimeter may, however, if agreed by the inspected State Party, be made smaller in order to conform with the perimeter requested by the requesting State Party.
The inspected State Party shall transport the inspection team to the final perimeter as soon as practicable, but in any case shall ensure their arrival at the perimeter not later than 24 hours after the arrival of the inspection team at the point of entry.

(b) Alternative determination of final perimeter 16.
At the point of entry, if the inspected State Party cannot accept the requested perimeter, it shall propose an alternative perime- ter as soon as possible, but in any case not later than 24 hours after the arrival of the inspection team at the point of entry.

In case of differences of opinion, the inspected State Party and the inspection team shall engage in negotiations with the aim of reaching agreement on a final perimeter.
The alternative perimeter should be designated as specifically as possible in accordance with paragraph 8.

It shall include the whole of the requested perimeter and should, as a rule, bear a close relationship to the latter, taking into account natural terrain features and man-made boundaries.

It should normally run close to the surrounding security barrier if such a barrier exists.
The inspected State Party should seek to establish such a relationship between the perimeters by a combination of at least two of the following means: 17.

182 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part X—continued B.—continued 18.

19.
19.

(a) An alternative perimeter that does not extend to an area significantly greater than that of the requested perime- ter; (b) An alternative perimeter that is a short, uniform distance (c) from the requested perimeter; At least part of the requested perimeter is visible from the alternative perimeter.

If the alternative perimeter is acceptable to the inspection team, it shall become the final perimeter and the inspection team shall be transported from the point of entry to that perimeter.
If the inspected State Party deems it necessary, such transportation may begin up to 12 hours before the expiry of the time period specified in paragraph 16 for proposing an alternative perimeter.

Transportation shall, in any case, be completed not later than 36 hours after the arrival of the inspection team at the point of entry.
If a final perimeter is not agreed, the perimeter negotiations shall be concluded as early as possible, but in no case shall they continue more than 24 hours after the arrival of the in- spection team at the point of entry.

If no agreement is reached, the inspected State Party shall transport the inspection team to a location at the alternative perimeter.
If the inspected State Party deems it necessary, such transportation may begin up to 12 hours before the expiry of the time period specified in para- graph 16 for proposing an alternative perimeter.

Transporta- tion shall, in any case, be completed not later than 36 hours after the arrival of the inspection team at the point of entry.

20.
20.

Once at the location, the inspected State Party shall provide the inspection team with prompt access to the alternative perime- ter to facilitate negotiations and agreement on the final perime- ter and access within the final perimeter.

If no agreement is reached within 72 hours after the arrival of the inspection team at the location, the alternative perimeter shall be designated the final perimeter.

21.
21.

183 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part X—continued B.—continued Verification of location 22.

To help establish that the inspection site to which the inspec- tion team has been transported corresponds to the inspection site specified by the requesting State Party, the inspection team shall have the right to use approved location-finding equip- ment and have such equipment installed according to its direc- tions.
The inspection team may verify its location by reference to local landmarks identified from maps.

The inspected State Party shall assist the inspection team in this task.

24.

Securing the site, exit monitoring 23.

Not later than 12 hours after the arrival of the inspection team at the point of entry, the inspected State Party shall begin col- lecting factual information of all vehicular exit activity from all exit points for all land, air, and water vehicles of the re- quested perimeter.
It shall provide this information to the in- spection team upon its arrival at the alternative or final perime- ter, whichever occurs first.

This obligation may be met by collecting factual information in the form of traffic logs, photographs, video recordings, or data from chemical evidence equipment provided by the in- spection team to monitor such exit activity.
Alternatively, the inspected State Party may also meet this obligation by allow- ing one or more members of the inspection team independ- ently to maintain traffic logs, take photographs, make video recordings of exit traffic, or use chemical evidence equipment, and conduct other activities as may be agreed between the in- spected State Party and the inspection team.

25.
25.

Upon the inspection team’s arrival at the alternative perime- ter or final perimeter, whichever occurs first, securing the site, which means exit monitoring procedures by the inspection team, shall begin.

Such procedures shall include: the identification of vehicular exits, the making of traffic logs, the taking of photographs, and the making of video recordings by the inspection team of exits and exit traffic.

The inspection team has the right to go, under 26.


184 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part X—continued B.—continued escort, to any other part of the perimeter to check that there is no other exit activity.

27.

Additional procedures for exit monitoring activities as agreed upon by the inspection team and the inspected State Party may include, inter alia: (a) (b) (c) Use of sensors; Random selective access; Sample analysis.

29.

28.
29.

28.

All activities for securing the site and exit monitoring shall take place within a band around the outside of the perimeter, not exceeding 50 metres in width, measured outward.

The inspection team has the right to inspect on a managed access basis vehicular traffic exiting the site.
The inspected State Party shall make every reasonable effort to demonstrate to the inspection team that any vehicle, subject to inspection, to which the inspection team is not granted full access, is not being used for purposes related to the possible non-compliance concerns raised in the inspection request.

Personnel and vehicles entering and personnel and personal passenger vehicles exiting the site are not subject to inspection.
The application of the above procedures may continue for the duration of the inspection, but may not unreasonably hamper or delay the normal operation of the facility.

31.

30.

32.

33.

Pre-inspection briefing and inspection plan To facilitate development of an inspection plan, the inspected State Party shall provide a safety and logistical briefing to the inspection team prior to access.

The pre-inspection briefing shall be held in accordance with Part II, paragraph 37, of this Annex.
In the course of the pre-inspection briefing, the inspected State Party may indicate to the inspection team the equipment, documentation, or areas it considers sensitive and not related to the purpose of the chal- lenge inspection.

In addition, personnel responsible for the site shall brief the inspection team on the physical layout and other 185 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part X—continued B.—continued relevant characteristics of the site.
The inspection team shall be provided with a map or sketch drawn to scale showing all structures and significant geographic features at the site.

The inspection team shall also be briefed on the availability of fa- cility personnel and records.

34.
34.

After the pre-inspection briefing, the inspection team shall pre- pare, on the basis of the information available and appropriate to it, an initial inspection plan which specifies the activities to be carried out by the inspection team, including the specific areas of the site to which access is desired.

The inspection plan shall also specify whether the inspection team will be divided into subgroups.
The inspection plan shall be made available to the representatives of the inspected State Party and the in- spection site.

Its implementation shall be consistent with the provisions of Section C, including those related to access and activities.

Perimeter activities 35.


Upon the inspection team’s arrival at the final or alternative perimeter, whichever occurs first, the team shall have the right to commence immediately perimeter activities in accordance with the procedures set forth under this Section, and to con- tinue these activities until the completion of the challenge in- spection.

In conducting the perimeter activities, the inspection team shall have the right to: (a) 36.
Use monitoring instruments in accordance with Part II, paragraphs 27 to 30, of this Annex; Take wipes, air, soil or effluent samples; and Conduct any additional activities which may be agreed between the inspection team and the inspected State Party.

(b) (c) The perimeter activities of the inspection team may be con- ducted within a band around the outside of the perimeter up to 50 metres in width measured outward from the perimeter.

If the inspected State Party agrees, the inspection team may 37.
186 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part X—continued B.—continued also have access to any building or structure within the perime- ter band.

All directional monitoring shall be oriented inward.

For declared facilities, at the discretion of the inspected State Party, the band could run inside, outside, or on both sides of the declared perimeter.

C.—Conduct of inspections General rules 38.

39.


The inspected State Party shall provide access within the re- quested perimeter as well as, if different, the final perimeter.

The extent and nature of access to a particular place or places within these perimeters shall be negotiated between the in- spection team and the inspected State Party on a managed ac- cess basis.
The inspected State Party shall provide access within the re- quested perimeter as soon as possible, but in any case not later than 108 hours after the arrival of the inspection team at the point of entry in order to clarify the concern regarding possible non-compliance with this Convention raised in the inspection request.

41.

40.

Upon the request of the inspection team, the inspected State Party may provide aerial access to the inspection site.
In meeting the requirement to provide access as specified in paragraph 38, the inspected State Party shall be under the obli- gation to allow the greatest degree of access taking into ac- count any constitutional obligations it may have with regard to proprietary rights or searches and seizures.

The inspected State Party has the right under managed access to take such measures as are necessary to protect national security.
The provisions in this paragraph may not be invoked by the in- spected State Party to conceal evasion of its obligations not to engage in activities prohibited under this Convention.

If the inspected State Party provides less than full access to places, activities, or information, it shall be under the obli- gation to make every reasonable effort to provide alternative 42.
187 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part X—continued C.—continued means to clarify the possible non-compliance concern that generated the challenge inspection.

44.

43.

Upon arrival at the final perimeter of facilities declared pur- suant to Articles IV, V and VI, access shall be granted follow- ing the pre-inspection briefing and discussion of the inspection plan which shall be limited to the minimum necessary and in any event shall not exceed three hours.
For facilities declared pursuant to Article III, paragraph 1(d), negotiations shall be conducted and managed access commenced not later than 12 hours after arrival at the final perimeter.
In carrying out the challenge inspection in accordance with the inspection request, the inspection team shall use only those methods necessary to provide sufficient relevant facts to clar- ify the concern about possible non-compliance with the provi- sions of this Convention, and shall refrain from activities not relevant thereto.
It shall collect and document such facts as are related to the possible non-compliance with this Convention by the inspected State Party, but shall neither seek nor docu- ment information which is clearly not related thereto, unless the inspected State Party expressly requests it to do so.

Any material collected and subsequently found not to be relevant shall not be retained.
The inspection team shall be guided by the principle of con- ducting the challenge inspection in the least intrusive manner possible, consistent with the effective and timely accomplish- ment of its mission.

Wherever possible, it shall begin with the least intrusive procedures it deems acceptable and proceed to more intrusive procedures only as it deems necessary.

45.
45.

Managed access The inspection team shall take into consideration suggested modifications of the inspection plan and proposals which may be made by the inspected State Party, at whatever stage of the inspection including the pre-inspection briefing, to ensure that sensitive equipment, information or areas, not related to chemical weapons, are protected.

46.

188 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part X—continued C.—continued 47.

48.
48.

The inspected State Party shall designate the perimeter en- try/exit points to be used for access.
The inspection team and the inspected State Party shall negotiate: the extent of access to any particular place or places within the final and requested perimeters as provided in paragraph 48; the particular inspec- tion activities, including sampling, to be conducted by the in- spection team; the performance of particular activities by the inspected State Party; and the provision of particular informa- tion by the inspected State Party.
In conformity with the relevant provisions in the Confidential- ity Annex the inspected State Party shall have the right to take measures to protect sensitive installations and prevent disclos- ure of confidential information and data not related to chemical weapons.
Such measures may include, inter alia: (a) (b) (c) Removal of sensitive papers from office spaces; Shrouding of sensitive displays, stores, and equipment; Shrouding of sensitive pieces of equipment, such as computer or electronic systems; Logging off of computer systems and turning off of data indicating devices; Restriction of sample analysis to presence or absence of chemicals listed in Schedules 1, 2 and 3 or appropriate degradation products; Using random selective access techniques whereby the inspectors are requested to select a given percentage or number of buildings of their choice to inspect; the same principle can apply to the interior and content of sensitive buildings; In exceptional cases, giving only individual inspectors access to certain parts of the inspection site.
(d) (e) (f) (g) 49.

The inspected State Party shall make every reasonable effort to demonstrate to the inspection team that any object, building, structure, container or vehicle to which the inspection team has not had full access, or which has been protected in accord- ance with paragraph 48, is not used for purposes related to the 189 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part X—continued C.—continued possible non-compliance concerns raised in the inspection re- quest.
This may be accomplished by means of, inter alia, the partial removal of a shroud or environmental protection cover, at the discretion of the inspected State Party, by means of a visual in- spection of the interior of an enclosed space from its entrance, or by other methods.
In the case of facilities declared pursuant to Articles IV, V and VI, the following shall apply: (a) For facilities with facility agreements, access and ac- tivities within the final perimeter shall be unimpeded within the boundaries established by the agreements; For facilities without facility agreements, negotiation of access and activities shall be governed by the ap- plicable general inspection guidelines established under this Convention; Access beyond that granted for inspections under Art- icles IV, V and VI shall be managed in accordance with procedures of this section.
(b) (c) In the case of facilities declared pursuant to Article III, paragraph 1(d), the following shall apply: if the inspected State Party, using procedures of paragraphs 47 and 48, has not granted full access to areas or structures not related to chemical weapons, it shall make every reasonable effort to demonstrate to the inspection team that such areas or structures are not used for purposes related to the possible non-compliance concerns raised in the inspection request.
Observer In accordance with the provisions of Article IX, paragraph 12, on the participation of an observer in the challenge inspection, the requesting State Party shall liaise with the Technical Secre- tariat to coordinate the arrival of the observer at the same point of entry as the inspection team within a reasonable period of the inspection team’s arrival.

50.

51.

52.

53.

190 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part X—continued C.—continued 54.

55.

56.
55.

56.

The observer shall have the right throughout the period of in- spection to be in communication with the embassy of the re- questing State Party located in the inspected State Party or in the Host State or, in the case of absence of an embassy, with the requesting State Party itself.

The inspected State Party shall provide means of communication to the observer.
The observer shall have the right to arrive at the alternative or final perimeter of the inspection site, wherever the inspection team arrives first, and to have access to the inspection site as granted by the inspected State Party.

The observer shall have the right to make recommendations to the inspection team, which the team shall take into account to the extent it deems appropriate.
Throughout the inspection, the inspection team shall keep the observer informed about the conduct of the in- spection and the findings.

Throughout the in-country period, the inspected State Party shall provide or arrange for the amenities necessary for the observer such as communication means, interpretation ser- vices, transportation, working space, lodging, meals and med- ical care.
All the costs in connection with the stay of the ob- server on the territory of the inspected State Party or the Host State shall be borne by the requesting State Party.

Duration of inspection 57.

The period of inspection shall not exceed 84 hours, unless ex- tended by agreement with the inspected State Party.

D.—Post-inspection activities Departure 58.


Upon completion of the post-inspection procedures at the in- spection site, the inspection team and the observer of the re- questing State Party shall proceed promptly to a point of entry and shall then leave the territory of the inspected State Party in the minimum time possible.

191 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part X—continued D.—continued Reports 59.

60.
60.

The inspection report shall summarize in a general way the ac- tivities conducted by the inspection team and the factual find- ings of the inspection team, particularly with regard to the con- cerns regarding possible non-compliance with this Convention cited in the request for the challenge inspection, and shall be limited to information directly related to this Convention.
It shall also include an assessment by the inspection team of the degree and nature of access and cooperation granted to the in- spectors and the extent to which this enabled them to fulfil the inspection mandate.
Detailed information relating to the con- cerns regarding possible non-compliance with this Convention cited in the request for the challenge inspection shall be sub- mitted as an Appendix to the final report and be retained within the Technical Secretariat under appropriate safeguards to pro- tect sensitive information.
The inspection team shall, not later than 72 hours after its re- turn to its primary work location, submit a preliminary inspec- tion report, having taken into account, inter alia, paragraph 17 of the Confidentiality Annex, to the Director-General.

The Director-General shall promptly transmit the preliminary in- spection report to the requesting State Party, the inspected State Party and to the Executive Council.

61.
61.

A draft final inspection report shall be made available to the in- spected State Party not later than 20 days after the completion of the challenge inspection.

The inspected State Party has the right to identify any information and data not related to chem- ical weapons which should, in its view, due to its confidential character, not be circulated outside the Technical Secretariat.
The Technical Secretariat shall consider proposals for changes to the draft final inspection report made by the inspected State Party and, using its own discretion, wherever possible, adopt them.

The final report shall then be submitted not later than 30 days after the completion of the challenge inspection to the Director-General for further distribution and consideration in accordance with Article IX, paragraphs 21 to 25.

192 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex 1.
2.

3.

4.

5.

Part XI Investigations in cases of alleged use of chemical weapons A.—General Investigations of alleged use of chemical weapons, or of al- leged use of riot control agents as a method of warfare, initi- ated pursuant to Articles IX or X, shall be conducted in accord- ance with this Annex and detailed procedures to be established by the Director-General.

The following additional provisions address specific proced- ures required in cases of alleged use of chemical weapons.
B.—Pre-inspection activities Request for an investigation The request for an investigation of an alleged use of chemical weapons to be submitted to the Director-General, to the extent possible, should include the following information: (a) The State Party on whose territory use of chemical weapons is alleged to have taken place; The point of entry or other suggested safe routes of ac- cess; Location and characteristics of the areas where chem- ical weapons are alleged to have been used; (b) (c) (d) When chemical weapons are alleged to have been used; Types of chemical weapons believed to have been used; (e) Extent of alleged use; (f) Characteristics of the possible toxic chemicals; (g) Effects on humans, animals and vegetation; (h) Request for specific assistance, if applicable.
(i) The State Party which has requested an investigation may sub- mit at any time any additional information it deems necessary.

Notification The Director-General shall immediately acknowledge receipt to the requesting State Party of its request and inform the Ex- ecutive Council and all States Parties.

193 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part XI—continued B.—continued 6.

7.

8.
7.

8.

If applicable, the Director-General shall notify the State Party on whose territory an investigation has been requested.

The Director-General shall also notify other States Parties if access to their territories might be required during the investigation.

Assignment of inspection team The Director-General shall prepare a list of qualified experts whose particular field of expertise could be required in an in- vestigation of alleged use of chemical weapons and constantly keep this list updated.
This list shall be communicated, in writ- ing, to each State Party not later than 30 days after entry into force of this Convention and after each change to the list.

Any qualified expert included in this list shall be regarded as des- ignated unless a State Party, not later than 30 days after its receipt of the list, declares its non-acceptance in writing.
The Director-General shall select the leader and members of an inspection team from the inspectors and inspection assist- ants already designated for challenge inspections taking into account the circumstances and specific nature of a particular request.
In addition, members of the inspection team may be selected from the list of qualified experts when, in the view of the Director-General, expertise not available among inspect- ors already designated is required for the proper conduct of a particular investigation.

9.
9.

When briefing the inspection team, the Director-General shall include any additional information provided by the requesting State Party, or any other sources, to ensure that the inspection can be carried out in the most effective and expedient manner.
Dispatch of inspection team Immediately upon the receipt of a request for an investigation of alleged use of chemical weapons the Director-General shall, through contacts with the relevant States Parties, request and confirm arrangements for the safe reception of the team.

10.

194 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex Part XI—continued B.—continued 11.

12.

13.

14.

15.

16.


The Director-General shall dispatch the team at the earliest opportunity, taking into account the safety of the team.

If the inspection team has not been dispatched within 24 hours from the receipt of the request, the Director-General shall in- form the Executive Council and the States Parties concerned about the reasons for the delay.
Briefings The inspection team shall have the right to be briefed by repre- sentatives of the inspected State Party upon arrival and at any time during the inspection.

Before the commencement of the inspection the inspection team shall prepare an inspection plan to serve, inter alia, as a basis for logistic and safety arrangements.

The inspection plan shall be updated as need arises.
C.—Conduct of inspections Access The inspection team shall have the right of access to any and all areas which could be affected by the alleged use of chem- ical weapons.

It shall also have the right of access to hospitals, refugee camps and other locations it deems relevant to the ef- fective investigation of the alleged use of chemical weapons.

For such access, the inspection team shall consult with the in- spected State Party.
Sampling The inspection team shall have the right to collect samples of types, and in quantities it considers necessary.

If the inspec- tion team deems it necessary, and if so requested by it, the inspected State Party shall assist in the collection of samples under the supervision of inspectors or inspection assistants.
The inspected State Party shall also permit and cooperate in the collection of appropriate control samples from areas neigh- 195 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part XI—continued C.—continued bouring the site of the alleged use and from other areas as re- quested by the inspection team.
Samples of importance in the investigation of alleged use in- clude toxic chemicals, munitions and devices, remnants of mu- nitions and devices, environmental samples (air, soil, vegeta- tion, water, snow, etc.)

and biochemical samples from human or animal sources (blood, urine, excreta, tissue etc.).
If duplicate samples cannot be taken and the analysis is per- formed at off-site laboratories, any remaining sample shall, if so requested, be returned to the inspected State Party after the completion of the analysis.
Extension of inspection site If the inspection team during an inspection deems it necessary to extend the investigation into a neighbouring State Party, the Director-General shall notify that State Party about the need for access to its territory and request and confirm arrangements for the safe reception of the team.
Extension of inspection duration If the inspection team deems that safe access to a specific area relevant to the investigation is not possible, the requesting State Party shall be informed immediately.

If necessary, the period of inspection shall be extended until safe access can be provided and the inspection team will have concluded its mis- sion.

Interviews The inspection team shall have the right to interview and examine persons who may have been affected by the alleged use of chemical weapons.
It shall also have the right to inter- view eyewitnesses of the alleged use of chemical weapons and medical personnel, and other persons who have treated or have come into contact with persons who may have been affected by the alleged use of chemical weapons.

The inspec- 17.

18.

19.

20.

21.

196 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex 22.

23.

24.

25.
23.

24.

25.

Part XI—continued C.—continued tion team shall have access to medical histories, if available, and be permitted to participate in autopsies, as appropriate, of persons who may have been affected by the alleged use of chemical weapons.

D.—Reports Procedures The inspection team shall, not later than 24 hours after its ar- rival on the territory of the inspected State Party, send a situ- ation report to the Director-General.
It shall further throughout the investigation send progress reports as necessary.

The inspection team shall, not later than 72 hours after its return to its primary work location, submit a preliminary re- port to the Director-General.

The final report shall be submit- ted to the Director-General not later than 30 days after its re- turn to its primary work location.

The Director-General shall promptly transmit the preliminary and final reports to the Ex- ecutive Council and to all States Parties.
Contents The situation report shall indicate any urgent need for assist- ance and any other relevant information.

The progress reports shall indicate any further need for assistance that might be identified during the course of the investigation.

The final report shall summarize the factual findings of the in- spection, particularly with regard to the alleged use cited in the request.
In addition, a report of an investigation of an alleged use shall include a description of the investigation process, tracing its various stages, with special reference to: (a) The locations and time of sampling and on-site ana- lyses; and Supporting evidence, such as the records of interviews, the results of medical examinations and scientific ana- lyses, and the documents examined by the inspection team.
(b) 197 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Part XI—continued D.—continued If the inspection team collects through, inter alia, identifica- tion of any impurities or other substances during laboratory analysis of samples taken, any information in the course of its investigation that might serve to identify the origin of any chemical weapons used, that information shall be included in the report.
E.—States not Party to this Convention In the case of alleged use of chemical weapons involving a State not Party to this Convention or in territory not controlled by a State Party, the Organization shall closely cooperate with the Secretary-General of the United Nations.

If so requested, the Organization shall put its resources at the disposal of the Secretary-General of the United Nations.
Annex on the Protection of Confidential Information (“Confidentiality Annex”) Contents General principles for the handling of confidential information Employment and conduct of personnel in the Technical Secretariat Measures to protect sensitive installations and prevent disclosure of confidential data in the course of on-site verification activities Procedures in case of breaches or alleged breaches of confidentiality Page 199 202 203 204 26.

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A.
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A.

B. C. D. 198 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex A.

General principles for the handling of confidential information 1.

2.

The obligation to protect confidential information shall pertain to the verification of both civil and military activities and fa- cilities.
Pursuant to the general obligations set forth in Article VIII, the Organization shall: (a) Require only the minimum amount of information and data necessary for the timely and efficient carrying out of its responsibilities under this Convention; Take the necessary measures to ensure that inspectors and other staff members of the Technical Secretariat meet the highest standards of efficiency, competence, and integrity; Develop agreements and regulations to implement the provisions of this Convention and shall specify as pre- cisely as possible the information to which the Organ- ization shall be given access by a State Party.
(b) (c) The Director-General shall have the primary responsibility for ensuring the protection of confidential information.
The Dir- ector-General shall establish a stringent regime governing the handling of confidential information by the Technical Secre- tariat, and in doing so, shall observe the following guidelines: Information shall be considered confidential if: (a) (i) (ii) It is so designated by the State Party from which the information was obtained and to which the information refers; or In the judgement of the Director-General, its un- authorized disclosure could reasonably be ex- pected to cause damage to the State Party to which it refers or to the mechanisms for imple- mentation of this Convention; (b) All data and documents obtained by the Technical Sec- retariat shall be evaluated by the appropriate unit of the Technical Secretariat in order to establish whether they contain confidential information.
Data required by States Parties to be assured of the continued compli- ance with this Convention by other States Parties shall 199 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 A.—continued be routinely provided to them.
Such data shall encom- pass: (i) The initial and annual reports and declarations provided by States Parties under Articles III, IV, V and VI, in accordance with the provisions set forth in the Verification Annex; (ii) General reports on the results and effectiveness (iii) of verification activities; and Information to be supplied to all States Parties in accordance with the provisions of this Conven- tion; No information obtained by the Organization in connec- tion with the implementation of this Convention shall be published or otherwise released, except, as follows: (i) General information on the implementation of this Convention may be compiled and released publicly in accordance with the decisions of the Conference or the Executive Council; (iii) (ii) Any information may be released with the ex- press consent of the State Party to which the in- formation refers; Information classified as confidential shall be re- leased by the Organization only through proced- ures which ensure that the release of information only occurs in strict conformity with the needs of this Convention.
Such procedures shall be con- sidered and approved by the Conference pursuant to Article VIII, paragraph 21(i); The level of sensitivity of confidential data or docu- ments shall be established, based on criteria to be ap- plied uniformly in order to ensure their appropriate han- dling and protection.
For this purpose, a classification system shall be introduced, which by taking account of relevant work undertaken in the preparation of this Convention shall provide for clear criteria ensuring the inclusion of information into appropriate categories of confidentiality and the justified durability of the con- fidential nature of information.
While providing for (c) (d) 200 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex A.—continued the necessary flexibility in its implementation the clas- sification system shall protect the rights of States Par- ties providing confidential information.

A classification system shall be considered and approved by the Confer- ence pursuant to Article VIII, paragraph 21(i); Confidential information shall be stored securely at the premises of the Organization.
Some data or documents may also be stored with the National Authority of a State Party.
Sensitive information, including, inter alia, photographs, plans and other documents required only for the inspection of a specific facility may be kept under lock and key at this facility; To the greatest extent consistent with the effective im- plementation of the verification provisions of this Con- vention, information shall be handled and stored by the Technical Secretariat in a form that precludes direct identification of the facility to which it pertains; The amount of confidential information removed from a facility shall be kept to the minimum necessary for the timely and effective implementation of the verification provisions of this Convention; and (e) (f) (g) 3.
4.

(h) Access to confidential information shall be regulated in accordance with its classification.

The dissemination of confidential information within the Organization shall be strictly on a need-to-know basis.

The Director-General shall report annually to the Conference on the implementation of the regime governing the handling of confidential information by the Technical Secretariat.
Each State Party shall treat information which it receives from the Organization in accordance with the level of confidentiality established for that information.

Upon request, a State Party shall provide details on the handling of information provided to it by the Organization.

201 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 5.

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8.

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B.


Employment and conduct of personnel in the Technical Secretariat Conditions of staff employment shall be such as to ensure that access to and handling of confidential information shall be in conformity with the procedures established by the Director- General in accordance with Section A.

Each position in the Technical Secretariat shall be governed by a formal position description that specifies the scope of access to confidential information, if any, needed in that position.
The Director-General, the inspectors and the other members of the staff shall not disclose even after termination of their func- tions to any unauthorized persons any confidential information coming to their knowledge in the performance of their official duties.

They shall not communicate to any State, organization or person outside the Technical Secretariat any information to which they have access in connection with their activities in relation to any State Party.
In the discharge of their functions inspectors shall only request the information and data which are necessary to fulfil their mandate.

They shall not make any records of information col- lected incidentally and not related to verification of compli- ance with this Convention.

The staff shall enter into individual secrecy agreements with the Technical Secretariat covering their period of employment and a period of five years after it is terminated.
In order to avoid improper disclosures, inspectors and staff members shall be appropriately advised and reminded about security considerations and of the possible penalties that they would incur in the event of improper disclosure.

11.
11.

Not less than 30 days before an employee is given clearance for access to confidential information that refers to activities on the territory or in any other place under the jurisdiction or control of a State Party, the State Party concerned shall be noti- fied of the proposed clearance.

For inspectors the notification of a proposed designation shall fulfil this requirement.
In evaluating the performance of inspectors and any other em- ployees of the Technical Secretariat, specific attention shall be 12.

202 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex 13.

14.

15.

16.

B.—continued given to the employee’s record regarding protection of confi- dential information.
C. Measures to protect sensitive installations and prevent disclosure of confidential data in the course of on-site verification activities States Parties may take such measures as they deem neces- sary to protect confidentiality, provided that they fulfil their obligations to demonstrate compliance in accordance with the relevant Articles and the Verification Annex.
When receiving an inspection, the State Party may indicate to the inspection team the equipment, documentation or areas that it considers sensitive and not related to the purpose of the inspection.

Inspection teams shall be guided by the principle of conduct- ing on-site inspections in the least intrusive manner possible consistent with the effective and timely accomplishment of their mission.
They shall take into consideration proposals which may be made by the State Party receiving the inspection, at whatever stage of the inspection, to ensure that sensitive equipment or information, not related to chemical weapons, is protected.

Inspection teams shall strictly abide by the provisions set forth in the relevant Articles and Annexes governing the conduct of inspections.
They shall fully respect the procedures designed to protect sensitive installations and to prevent the disclosure of confidential data.

In the elaboration of arrangements and facility agreements, due regard shall be paid to the requirement of protecting confi- dential information.
Agreements on inspection procedures for individual facilities shall also include specific and detailed ar- rangements with regard to the determination of those areas of the facility to which inspectors are granted access, the storage of confidential information on-site, the scope of the inspection effort in agreed areas, the taking of samples and their analysis, 203 Annex Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 C.—continued the access to records and the use of instruments and continu- ous monitoring equipment.
The report to be prepared after each inspection shall only con- tain facts relevant to compliance with this Convention.

The report shall be handled in accordance with the regulations es- tablished by the Organization governing the handling of con- fidential information.

If necessary, the information contained in the report shall be processed into less sensitive forms be- fore it is transmitted outside the Technical Secretariat and the inspected State Party.
D. Procedures in case of breaches or alleged breaches of confidentiality The Director-General shall establish necessary procedures to be followed in case of breaches or alleged breaches of confi- dentiality, taking into account recommendations to be consid- ered and approved by the Conference pursuant to Article VIII, paragraph 21(i).

The Director-General shall oversee the implementation of individual secrecy agreements.
The Director-General shall promptly initiate an investigation if, in his judgement, there is sufficient indication that obligations concerning the pro- tection of confidential information have been violated.

The Director-General shall also promptly initiate an investigation if an allegation concerning a breach of confidentiality is made by a State Party.
The Director-General shall impose appropriate punitive and disciplinary measures on staff members who have violated their obligations to protect confidential information.

In cases of serious breaches, the immunity from jurisdiction may be waived by the Director-General.

States Parties shall, to the extent possible, cooperate and sup- port the Director-General in investigating any breach or al- leged breach of confidentiality and in taking appropriate ac- tion in case a breach has been established.

17.
17.

18.

19.

20.

21.

204 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Annex D.—continued 22.

23.

The Organization shall not be held liable for any breach of confidentiality committed by members of the Technical Sec- retariat.

For breaches involving both a State Party and the Organiza- tion, a “Commission for the settlement of disputes related to confidentiality”, set up as a subsidiary organ of the Confer- ence, shall consider the case.
This Commission shall be ap- pointed by the Conference.

Rules governing its composition and operating procedures shall be adopted by the Conference at its first session.
205 Notes Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent first) General This is a reprint of the Chemical Weapons (Prohibition) Act 1996.

The reprint incorporates all the amendments to the Act as at 1 July 2013, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order.

For more information, see http://www.pco.parliament.govt.nz/reprints/.
Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.

This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

How reprints are prepared editorial A number in the preparation of enacting words are of conventions reprints.

not included are For example, in Acts, followed the and 5 Notes 1 2 3 206 Reprinted as at 1 July 2013 Chemical Weapons (Prohibition) Act 1996 Notes that are repealed or revoked are omitted.
provisions For a detailed list of see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
the editorial conventions, 4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of definitions (eg, the defined term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) 207 • • • • Notes Chemical Weapons (Prohibition) Act 1996 Reprinted as at 1 July 2013 • • • • • • • position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly case and appearance of letters and words, including: • followed by small capital format of headings (eg, headings where each word formerly appeared with an initial capital letter letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection references are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly running heads (the information that appears at the top of each page) format of amendments, and schedules of are rearranged into alphabetical order, chronological).
two-column schedules of consequential they rather than repeals (eg, List of amendments incorporated in this reprint (most recent first) Search and Surveillance Act 2012 (2012 No 24): section 312 Criminal Procedure Act 2011 (2011 No 81): section 413 Policing Act 2008 (2008 No 72): section 116(a)(ii) Chemical Weapons (Prohibition) Act Commencement Order 1997 (SR 1997/47) Wellington, New Zealand: Published under the authority of the New Zealand Government—2013 5 12 208