Document ID: chunk:federal_register_of_legislation:C2024C00434:schedule:3:p64
Version: federal_register_of_legislation:C2024C00434
Segment Type: schedule
Provision Reference: sch 3 (pt 64/95)
Character Range: 429550–432392

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 Convention. Plant sites declared after this period shall receive an initial inspection not later than one year after production, processing or consumption is first declared. Selection of plant sites for initial inspections shall be made by the Technical Secretariat 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 inspections, 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) the toxicity of the scheduled chemicals and of the end‑products produced with it, if any;
(b) the quantity of the scheduled chemicals typically stored at the inspected site;
(c) the quantity of feedstock chemicals for the scheduled chemicals typically stored at the inspected site;
(d) the production capacity of the Schedule 2 plants; and
(e) the capability and convertibility for initiating production, storage and filling of toxic chemicals at the inspected site.
Inspections
19. Having received the initial inspection, each plant site to be inspected pursuant to paragraph 12 shall be subject to subsequent inspections.
20. In selecting particular plant sites for inspection and in deciding 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 chemical, 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 inspections and subsequent inspections.
21. 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.
22. No plant site shall receive more than two inspections per calendar 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 concluded not later than 90 days after