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) 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;

          (b) The precise location of the facility, including the address, location of the complex, location of the facility within the complex including the specific building and structure number, if any;

          (c) A statement whether it is a facility for the manufacture of chemicals that are defined as chemical weapons or whether it is a facility for the filling of chemical weapons, or both;

          (d) The date when the construction of the facility was completed 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;

          (e) Information on the chemicals defined as chemical weapons that were manufactured at the facility; the munitions, devices, and containers that were filled at the facility; and the dates of the beginning and cessation of such manufacture or filling:

               (i) For chemicals defined as chemical weapons that were manufactured at the facility, such information shall be expressed in terms of the specific types of chemicals manufactured, indicating the chemical name in accordance with the current International Union of Pure and Applied Chemistry (IUPAC) nomenclature, structural 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;

               (ii) For munitions, devices and containers that were filled at the facility, such information shall be expressed in terms of the specific type of chemical weapons filled and the weight of the chemical fill per unit;

 
          (f) The production capacity of the chemical weapons production 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;

               (ii) For a facility where chemical weapons were filled, production capacity shall be expressed in terms of the quantity of chemical that the facility can fill into each specific type of chemical weapon a year;

          (g) For each chemical weapons production facility that has not been destroyed, a description of the facility including:

               (i) A site diagram;

               (ii) A process flow diagram of the facility; and

               (iii) An inventory of buildings at the facility, and specialized equipment at the facility and of any spare parts for such equipment;

          (h) The present status of the facility, stating:

               (i) The date when chemical weapons were last produced at the facility;

               (ii) Whether the facility has been destroyed, including the date and manner of its destruction; and

               (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 modifications have been made, the date such non chemical weapons related activity began and the nature of such activity, indicating, if applicable, the kind of product;

          (i) 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;

          (j) A description of the normal pattern of activity for safety and security at the inactivated facility; and

          (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)

     2. The declaration of chemical weapons production facilities pursuant to Article III, paragraph 1 (c) (iii), shall contain all information 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

     3. 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 and receipt of such equipment 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.

     4. Chemical weapons production equipment referred to in paragraph 3 means:

          (a) Specialized equipment;

          (b) Equipment for the production of equipment specifically designed for use directly in connection with chemical weapons employment; and

          (c) Equipment designed or used exclusively for producing non chemical parts for chemical munitions.

     5. The declaration concerning transfer and receipt of chemical weapons production equipment shall specify:

          (a) Who received/transferred the chemical weapons production equipment;

          (b) The identity of such equipment;

          (c) The date of transfer or receipt;

          (d) Whether the equipment was destroyed, if known; and

          (e) Current disposition, if known.

Submission of general plans for destruction

     6. For each chemical weapons production facility, a State Party shall supply the following information:

          (a) Envisaged time frame for measures to be taken; and

          (b) Methods of destruction.

     7. 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;

          (b) Envisaged time frame for utilizing the facility as a chemical weapons destruction facility;

          (c) Description of the new facility;

          (d) Method of destruction of special equipment;

          (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

     8. The State Party shall submit an annual plan for destruction not less than 90 days before the beginning of the coming destruction year. The annual plan shall specify:

          (a) Capacity to be destroyed;

          (b) Name and location of the facilities where destruction will take place;

          (c) List of buildings and equipment that will be destroyed at each facility; and

          (d) Planned method(s) of destruction.

     9. 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:

          (a) Capacity destroyed;

          (b) Name and location of each facility where destruction took place;

          (c) List of buildings and equipment that were destroyed at each facility;

          (d) Methods of destruction.

     10. 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 declarations specified in paragraphs 6 to 9 above 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.

To top

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, according 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;

          (b) Disconnection of equipment directly related to the production of chemical weapons, including, inter alia, process control equipment and utilities;

          (c) Decommissioning of protective installations and equipment used exclusively for the safety of operations of the chemical weapons production facility;

          (d) Installation of blind flanges and other devices to prevent the addition of chemicals to, or the removal of chemicals from, any specialized process equipment for synthesis, separation or purification of chemicals defined as a chemical weapon, any storage tank, or any machine for filling chemical weapons, the heating, cooling, or supply of electrical or other forms of power to such equipment, storage tanks, or machines; and

          (e) Interruption of rail, road and other access routes for heavy transport to the chemical weapons production facility except those required for agreed activities.

     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 reasons, 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 activities shall not include:

          (a) Replacement of any process equipment;

          (b) Modification of the characteristics of the chemical process equipment;

          (c) Production of chemicals of any type.

     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 destruction 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 converted.

     19. Chemical weapons production facilities converted into chemical weapons destruction facilities before entry into force of this Convention shall be declared under the category of chemical weapons production facilities.

They shall be subject to an initial visit by inspectors, who shall confirm the correctness of the information about these facilities. 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.

     20. A State Party that intends to carry out a conversion of chemical 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 conversion plan, and subsequently shall submit annual plans.

     21. 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 Secretariat 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 production 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 maintenance.

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

     24. Any measures for the conversion of any given chemical weapons production facility shall be facility specific and shall depend upon its individual characteristics.

     25. The set of measures carried out for the purpose of converting 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 production 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. A State Party shall destroy facilities for producing unfilled chemical munitions and equipment for chemical weapons employment as follows:

          (a) Facilities used exclusively for production of non chemical parts for chemical munitions or equipment specifically designed for use directly in connection with chemical weapons employment, shall be declared and destroyed.  The destruction process and its verification shall be conducted according to the provisions of Article V and this Part of this Annex that govern destruction of chemical weapons production facilities;

          (b) All equipment designed or used exclusively for producing 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;

          (c) All buildings and standard equipment used for such production 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 Convention may continue while destruction or conversion proceeds.

 
Order of destruction

     28. The order of destruction of chemical weapons production facilities is based on the obligations specified in Article I and the other Articles of this Convention, including 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 production facilities; 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. A State Party shall, for each destruction period, determine which chemical weapons production facilities are to be destroyed 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 precluded from destroying its facilities at a faster pace.

     30. The following provisions shall apply to chemical weapons production facilities that produce Schedule 1 chemicals:

          (a) A State Party shall start the destruction of such facilities 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 Convention, this overall period shall be divided into three 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;

          (b) 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;

          (c) 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;

          (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;

          (e) 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.

 
     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 complete 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 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

          (b) Procedures for verification of measures to be applied to each item on the declared inventory.

     33. The detailed plans for destruction of each chemical weapons production facility shall contain:

          (a) Detailed time schedule of the destruction process;

          (b) Layout of the facility;

          (c) Process flow diagram;

          (d) Detailed inventory of equipment, buildings and other items to be destroyed;

          (e) Measures to be applied to each item on the inventory;

          (f) Proposed measures for verification;

          (g) Security/safety measures to be observed during the destruction of the facility; and

          (h) Working and living conditions to be provided for inspectors.

     34. If a State Party intends to convert temporarily a chemical weapons production facility into a chemical weapons destruction facility, it shall notify the Technical Secretariat not less than 150 days before undertaking any conversion activities.  The notification shall:

          (a) Specify the name, address, and location of the facility;

          (b) Provide a site diagram indicating all structures and areas that will be involved in the destruction of chemical weapons and also identify all structures of the chemical weapons production facility that are to be temporarily converted;

          (c) Specify the types of chemical weapons, and the type and quantity of chemical fill to be destroyed;

          (d) Specify the destruction method;

          (e) Provide a process flow diagram, indicating which portions of the production process and specialized equipment will be converted for the destruction of chemical weapons;

          (f) Specify the seals and inspection equipment potentially affected by the conversion, if applicable; and

          (g) Provide a schedule identifying:  The time allocated to design, temporary conversion of the facility, installation of equipment, equipment check out, destruction operations, and closure.

     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.

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 Secretariat shall prepare a plan for verifying the destruction of the facility, consulting closely with the State Party.  Any differences 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.

     37. 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.

     38. 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.

     39. 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 resolution of any differences over methods of destruction shall not delay the execution of other parts of the destruction plan that are acceptable.

 
     40. If agreement is not reached with the Executive Council on aspects of verification, or if the approved verification plan cannot 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.

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

To top

C. Verification

Verification of declarations of chemical weapons production facilities through on site inspection

     43. The Technical Secretariat shall conduct an initial inspection of each chemical weapons production facility in the period between 90 and 120 days after this Convention enters into force for the State Party.

     44. 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;

          (b) To permit the Technical Secretariat to familiarize itself with the measures that have been taken to cease production of chemical weapons at the facility;

          (c) To permit the inspectors to install temporary seals;

          (d) To permit the inspectors to confirm the inventory of buildings and specialized equipment;

          (e) To obtain information necessary for planning inspection activities at the facility, including use of tamper indicating seals and other agreed equipment, which shall be installed pursuant to the detailed facility agreement for the facility; and

          (f) To conduct preliminary discussions regarding a detailed agreement on inspection procedures at the facility.

     45. 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 production facility.

     46. Inspectors shall install such agreed devices as may be necessary 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 maintain and verify the integrity of the devices.

     47. If, on the basis of the initial inspection, the Director General believes that additional measures are necessary to inactivate the facility in accordance with this Convention, the Director General may request, not later than 135 days after this Convention enters into force for a State Party, that such measures 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. The purpose of the systematic verification of a chemical weapons production facility shall be to ensure that any resumption of production of chemical weapons or removal of declared items will be detected at this facility.

     49. The detailed facility agreement for each chemical weapons production facility shall specify:

          (a) Detailed on site inspection procedures, which may include:

               (i) Visual examinations;

               (ii) Checking and servicing of seals and other agreed devices; and

               (iii) Obtaining and analysing samples;

          (b) 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 installation; and

               (ii) The maintenance of such seals and equipment; and

          (c) Other agreed measures.

     50. The seals or other approved equipment provided for in a detailed 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 installation of such seals or equipment.

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

     52. 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.

     53. 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.

     54. 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 particular production 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.

Verification of destruction of chemical weapons production facilities

     55. 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 inventory is destroyed in accordance with the agreed detailed plan for destruction.

     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 Technical 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 declaration 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 familiarize themselves with the proposed temporary conversion and to study possible inspection measures that will be required during the conversion.

     59. Not later than 60 days after such a visit, the Technical Secretariat and the inspected State Party shall conclude a transition agreement containing additional inspection measures for the temporary conversion period.  The transition agreement shall specify inspection procedures, including the use of seals, monitoring equipment, and inspections, that will provide confidence that no chemical weapons production takes place during 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 destruction facility.

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

     61. Once the facility begins operation as a chemical weapons destruction facility, it shall be subject to the provisions of Part IV (A) of this Annex applicable to chemical weapons destruction facilities.  Arrangements for the pre operation period shall be governed by the transition agreement.

     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 involved with the destruction of chemical weapons.

     63. 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 chemical weapons destruction, the facility shall be subject to the provisions of this Part applicable to chemical weapons production facilities.

To top

D. Conversion of Chemical Weapons Production Facilites 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 purposes before this Convention enters into force for it, or that it plans to use for such purposes.

     65. 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 accordance with paragraph 1 (h) (iii), the following information:

          (a) A detailed justification for the request;

          (b) A general facility conversion plan that specifies:

               (i) The nature of the activity to be conducted at the facility;

               (ii) If the planned activity involves production, processing, or consumption of chemicals:  the name of each of the chemicals, the flow diagram of the facility, and the quantities planned to be produced, 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 destroyed 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 destroyed and what equipment is proposed to be removed and destroyed and the plans for its destruction;

               (vii) The proposed schedule for conversion, if applicable; 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 subparagraph (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.

     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 economic needs;

          (b) A general facility conversion plan that specifies:

               (i) The nature of the activity planned to be conducted at the facility;

               (ii) If the planned activity involves production, processing, or consumption of chemicals:  the name of each of the chemicals, the flow diagram of the facility, and the quantities planned to be produced, 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 destroyed or are proposed to be destroyed and the plans for destruction;

               (v) What equipment is proposed for use in the facility;

               (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 proposed by the State Party, will ensure the prevention of standby chemical weapons production capability at the facility.

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

Actions pending a decision

     68. Pending a decision of the Conference, a State Party may continue 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 inactive using the methods specified in paragraph 13.

     69. 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 accordance 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 production 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 Schedule 1 chemicals must be eliminated.

     71. A converted facility shall not be used:

          (a) For any activity involving production, processing, or consumption of a Schedule 1 chemical or a Schedule 2 chemical; or

          (b) For the production of any highly toxic chemical, including any highly toxic organophosphorus chemical, or for any other activity that would require special equipment for handling highly toxic or highly corrosive chemicals, unless the Executive Council decides that such production 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 technical factors, to be considered and approved by the Conference pursuant to Article VIII, paragraph 21 (i).

     72. Conversion of a chemical weapons production facility shall be completed not later than six years after entry into force of this Convention.

     72bis. If a State ratifies or accedes to this Convention after the six-year period for conversion set forth in paragraph 72, the Executive Council shall, at its second subsequent regular session, set a deadline for submission of any request to convert a chemical weapons production facility for purposes not prohibited under this Convention.  A decision by the Conference to approve such a request, pursuant to paragraph 75, shall establish the earliest practicable deadline for completion of the conversion.  Conversion shall be completed as soon as possible, but in no case later than six years after this Convention enters into force for the State Party.  Except as modified in this paragraph, all provisions in Section D of this Part of this Annex shall apply.

Decisions by the Executive Council and the Conference

     73. Not later than 90 days after receipt of the request by the Director General, an initial inspection of the facility shall be conducted by the Technical Secretariat.  The purpose of this inspection 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 General shall promptly submit a report to the Executive Council, the Conference, and all States Parties containing his recommendations on the measures necessary to convert the facility to purposes not prohibited under this Convention and to provide assurance that the converted facility will be used only for purposes not prohibited under this Convention.

     74. 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 facility and removal of specialized equipment and modification of buildings or structures.  The Executive Council shall stipulate the deadline for implementation of these measures and shall suspend consideration of the request pending their satisfactory 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 Executive 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 approval 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.
 
     76. If the request is approved, a facility agreement shall be completed 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 measures for verification. Conversion shall not begin before the facility agreement is concluded.

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 measures for verification of conversion, with respect to, inter alia:

          (a) Timing of the presence of the inspectors at the facility to be converted; and

          (b) Procedures for verification of measures to be applied to each item on the declared inventory.

     78. The detailed plan for conversion of each chemical weapons production facility shall contain:

          (a) Detailed time schedule of the conversion process;

          (b) Layout of the facility before and after conversion;

          (c) Process flow diagram of the facility before, and as appropriate, after the conversion;

          (d) Detailed inventory of equipment, buildings and structures and other items to be destroyed and of the buildings and structures to be modified;

          (e) Measures to be applied to each item on the inventory, if any;

          (f) Proposed measures for verification;

          (g) Security/safety measures to be observed during the conversion of the facility; and

          (h) Working and living conditions to be provided for inspectors.

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 Secretariat shall prepare a plan for verifying the conversion of the facility, consulting closely with the State Party.  Any differences between the Technical Secretariat and the State Party concerning appropriate measures shall be resolved through consultations.  Any unresolved matters shall be forwarded to the Executive Council for appropriate action with a view to facilitate the full implementation of this Convention.

     80. 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.

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

     82. 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.

     83. If agreement is not reached with the Executive Council on aspects of verification, or if the approved verification plan cannot be put into action, verification of conversion shall proceed through continuous monitoring with on site instruments and physical presence of inspectors.

     84. 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.

     85. For the 10 years after the Director General certifies that conversion 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 consistent 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 Schedule 1 chemicals, their stable by products and decomposition products and of Schedule 2 chemicals and to verify that the activities 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 facility is located.  During the 10 year period, the State Party shall report annually on the activities at the converted facility.  Upon completion of the 10 year period, the Executive Council, taking into account recommendations of the Technical Secretariat, shall decide on the nature of continued verification measures.

     86. Costs of verification of the converted facility shall be allocated in accordance with Article V, paragraph 19.

To top