Document ID: chunk:federal_register_of_legislation:C2024C00434:section:104:p4
Version: federal_register_of_legislation:C2024C00434
Segment Type: section
Provision Reference: s 104 (pt 4/37)
Character Range: 142324–145219

short time following termination of exposure.
8. "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 chemicals ("final technological stage") where the material flows would contain, when the equipment is in operation:
(1) any chemical listed in Schedule 1 in the Annex on Chemicals; or
(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 jurisdiction or control of a State Party, for purposes not prohibited under this Convention, but can be used for chemical weapons purposes;
  or
(ii) for filling chemical weapons, including, inter alia, the filling of chemicals listed in Schedule 1 into munitions, devices or bulk storage containers; 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 subparagraph (a)(i) is or was produced as an unavoidable 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 referred 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:
(a) industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes;
(b) protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons;
(c) military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare;
(d) law enforcement including domestic riot control purposes.
10. "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 nameplate capacity or, if the nameplate capacity is not available, to the design capacity. The nameplate capacity is the product