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. The initial declaration to be provided by each State Party pursuant 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

          (b) Comprise one or more plants which produced by synthesis during the previous calendar year more than 30 tonnes of an unscheduled discrete organic chemical containing the elements phosphorus, sulfur or fluorine (hereinafter referred to as "PSF plants" and "PSF chemical").

     2. The list of other chemical production facilities to be submitted pursuant to paragraph 1 shall not include plant sites that exclusively produced explosives or hydrocarbons.

     3. Each State Party shall submit its list of other chemical production 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.

     4. The list of other chemical production facilities to be submitted pursuant to paragraph 1 shall include the following information on each plant site:

          (a) The name of the plant site and the name of the owner, company, or enterprise operating it;

          (b) The precise location of the plant site including its address;

          (c) Its main activities; and

          (d) The approximate number of plants producing the chemicals specified in paragraph 1 in the plant site.

     5. With regard to plant sites listed pursuant to paragraph 1 (a), the list shall also include information on the approximate aggregate amount of production of the unscheduled discrete organic 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. 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 aggregate 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

     7. If a State Party, for administrative reasons, deems it necessary to ask for assistance in compiling its list of chemical production 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 Secretariat.

Information to States Parties

     8. The lists of other chemical production facilities submitted pursuant to paragraph 1, including the information provided under paragraph 4, shall be transmitted by the Technical Secretariat to States Parties upon request.

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B. Verification

General

     9. 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) Plant sites listed pursuant to paragraph 1 (a); and

          (b) Plant sites listed pursuant to paragraph 1 (b) that comprise one or more PSF plants which produced during the previous calendar year more than 200 tonnes of a PSF chemical.

     10. 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 mechanisms, such as the use of specially designed computer software, on the basis of the following weighting factors:

          (a) Equitable geographical distribution of inspections;

          (b) 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

          (c) Proposals by States Parties on a basis to be agreed upon in accordance with paragraph 25.

     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.

     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 Annex, or 20 inspections, whichever of these two figures is lower.

Inspection aims

     14. At plant sites listed 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.

Inspection procedures

     15. In addition to agreed guidelines, other relevant provisions of this Annex and the Confidentiality Annex, paragraphs 16 to 20 below shall apply.

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

     17. The focus of inspection at a plant site selected for inspection shall be the plant(s) producing the chemicals specified in paragraph 1, in particular the PSF plants listed pursuant to paragraph 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 Annex.  If the inspection team, in accordance with Part II, paragraph 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 inspected State Party.

     18. 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.

     19. 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 designated off site laboratory, subject to the inspected State Party's agreement.

     20. 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.

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C. Implementation and Review of Section B

Implementation

     22. 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.

     23. The Director General shall, for the regular session of the Conference in the third year after entry into force of this Convention, 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. 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. Otherwise, this distribution shall be left to the expertise of the Technical Secretariat and be added to the weighting factors in paragraph 11.

     25. At its regular session in the third year after entry into force of this Convention, the Conference, upon advice of the Executive Council, shall decide on which basis (e.g. regional) proposals 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 pursuant 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 Annex) on the basis of the experience gained.  The Conference shall then make recommendations so as to improve the effectiveness of the verification regime.

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