Home > National Authorities > What to do before Entry into Force of the CWC
Setting up a National Authority | Initial Declarations Under Article VI | Identification of Declarable Activities | Preparations for Inspections

Identification of Declarable Activities

Determination of the presence or absence of a declarable chemical industry

For the purpose of the application of verification measures under the Convention a number of toxic chemicals and their precursors have been identified.  These chemicals are listed in Schedules 1, 2 and 3 in the Annex on Chemicals of the Convention.

The following shows the thresholds above which a facility or an activity involving scheduled chemicals becomes declarable under the Convention:

Production, per facility per year:

Schedule 1 chemicals:

SSSF - Zero lower threshold,

Other Facility for Protective Purposes - Zero lower threshold, maximum 10kg,

Other Facility for Research, Medical or Pharmaceutical Purposes - 100 g lower threshold,

maximum aggregate production per year per State Party - 1 tonne,

maximum holdings per State Party at any given time - 1 tonne

Schedule 2 chemicals:    100 kg (2 A), 1 kg (2 A*), 1 tonne (2 B)
Schedule 3 chemicals: 30 tonnes

Processing, per facility per year:

Schedule 1 chemicals:

no declaration requirement

Schedule 2 chemicals:    100 kg (2 A), 1 kg (2 A*), 1 tonne (2 B)
Schedule 3 chemicals: no declaration requirement

Consumption, per facility per year

Schedule 1 chemicals:

only declarable if taking place at the SSSF

Schedule 2 chemicals:    100 kg (2 A), 1 kg (2 A*), 1 tonne (2 B)
Schedule 3 chemicals: no declaration requirement

Import (aggregate national data)

Schedule 1 chemicals:                   all transfers must be declared individually

Schedule 2 and 3 chemicals:         no threshold (under discussion)

Import: (individual facilities)

Schedule 1 and 2 chemicals:         no threshold

Schedule 3 chemicals:                   declaration not required

Export: (aggregate national data)

Schedule 1 chemicals:                   all transfers must be declared individually

Schedule 2 and 3 chemicals:         no threshold (under discussion)

Export: (individual facilities)

Schedule 1 chemicals:                   no threshold

Schedule 2 and 3 chemicals:         only declarable if exported directly from the producer

The Executive Council has decided (per EC-XIX/DEC.5, “Rounding Rule in relation to Declarations of Scheduled Chemicals”) how the quantities of chemicals that must be declared should be rounded off.

In addition to facilities producing or handling scheduled chemicals, other chemical production facilities (OCPFs) might be declarable.  The production of more than 200 tonnes per year of discrete organic chemicals (DOCs) (with certain exemptions) at a facility would make that facility declarable.  An annual production of more than 30 tonnes of an unscheduled organic chemical containing phosphorus, sulfur or fluorine (PSF-chemical) would also make the production facility declarable.

There is no threshold in the Convention for the declaration of aggregate national data on the import and export of Schedule 2 and 3 chemicals.  The practical implementation of these aggregate national data declarations is presently under discussion.

Measures have to be taken to control or prevent the export (or import) of many scheduled chemicals to (or from) States not Party to the Convention.  Since April 2000, the exportation of Schedule 2 chemicals to States not Party to the Convention is, in principle, prohibited.  The States Parties will decide on the situation with respect to the exportation of Schedule 3 chemicals to States not Party to the Convention at the Conference of the States Parties to be held in 2002.

More information on Determining Declarable Industrial Activities is available.  The Secretariat can also, upon request, provide assistance in determining whether any facility or activity is declarable.

Determining Declarable Industrial Facilities

General Guidelines for the National Authority

Synopsis

These general guidelines refer to the identification of Chemical facilities likely to be covered by the provisions of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and their Destruction (CWC).

It should be borne in mind that the methods and means provided here will give only indicative answers which will, in any event, have to be checked against the relevant provisions of the CWC and, particularly, through direct contact with the chemical business entities identified.

Article 1 provides an introduction to the CWC as far as the requirements related to industrial declarations at the entry into force (EIF) of it for a State Party and on a subsequent annual basis are concerned.  Chapter 1 also refers to the request from States Parties for advice from the Secretariat and the recommendation of a search methodology as a guideline for identifying chemical industries covered by the CWC.

Article 2 presents an outline of a general approach to identifying facilities likely to be covered by the CWC on the basis of certain potential information resources (e.g. Schedules of chemicals, unscheduled discrete organic chemicals including PSF-chemicals, types or categories of products and available information resources).  Chapter 2 also offers general guidance in relation to a search methodology.

1. Introduction

The Convention on the Prohibition of the Development, Production, Stockpiling and use of Chemical Weapons and on their Destruction requires a State Party to the Convention to declare all relevant military and civilian facilities which are subject to declaration not later than 30 days after the Convention enters into force (EIF) for it and subsequently on an annual basis.

Most military and Schedule facilities are under the centralised control of the governmental authorities of States Parties and are, therefore, much easier for a government to identify.  Civilian industrial facilities, however, particularly in countries with a free market economy or in economic transition, are less likely to be subject to central government control and accountability.  Therefore, industry databases available to government agencies, including the CWC National Authority, might not be suitable to identify accurately those facilities probably subject to the provisions of the CWC.  This makes the task of identifying facilities likely to be covered by the Convention, in particular with regard to facilities possibly involved in activities with scheduled chemicals, complex and rather difficult.

In the light of this difficulty, some States Parties, even since the time of the Preparatory Commission have requested advice from the Secretariat and have urged the development of a search methodology as a guideline to tracking down civilian chemical industry facilities covered by the CWC.

In an attempt to respond to these requests, the Secretariat conducted informal consultations with:

In addition, the Secretariat consulted other international chemical organisations and available chemical databases.

It was clear that there is no unified source or a general recipe for readily identifying the presence or absence of chemical facilities that might be subject to the Convention.  Complications in the identification arise, inter alia, from the absence of direct links between kinds of products, product names, chemical trade names, and scientific chemical nomenclature.  Such complications make the design and execution of data searches in compendia of data from technical literature, government agencies, trade organisations, marketing surveys, customs records, and other resources very difficult.

There are also great differences in the way chemical technology, research facilities, and chemical industries are organised from one State Party to another.  Declarable chemical activities may be carried out in medical institutes, pharmaceutical production facilities, industrial plant sites, pilot plants or laboratories, either under private ownership or under government control.

Oversight of chemical activities by environmental, labour or other agencies may or may not exist.  Even where such oversight is carried out, the national legislation may preclude the use of data gathered for one purpose being used for any other purpose.  Moreover, in many cases there is simply no national list of all products and chemicals which are produced, processed or consumed within a country's borders.

2. General Approach To Identifying Facilities Probably Covered By The CWC

Bearing in mind the above considerations, the Secretariat has developed a general suggested approach to help in identifying facilities to be declared under the provisions of the CWC.  This approach is based on a list of potential resources that States Parties may be able to access, together with general guidance on how to utilise these resources to facilitate the identification process.

2.1 Potential Resources

Among the many available resources on the basis of which a search method can be designed to identify declarable and inspectable facilities, the following should be mentioned:

(a) Schedules of chemicals, as they appear in the Annex on Chemicals and the definition of discrete organic chemical (DOC), including unscheduled discrete organic chemicals containing the elements phosphorus, sulfur, or fluorine (PSF-chemicals) as defined in the Verification Annex, Part I, paragraph 4 and Part IX, paragraph 1;

(b) The Handbook on Chemicals developed by the Secretariat as an aid to States Parties in identifying declarable activities.  This lists nearly 1000 individual chemicals that fall in the Schedules of chemicals in the CWC in the Annex on Chemicals and is particularly useful to assist in recognising chemicals included in the various groups listed in Schedules 1 and 2;

(c) Lists of types or categories of products that could include scheduled chemicals in their manufacturing steps, whether as raw materials, precursors, intermediates or products.  An illustrative and non-exhaustive list of types or categories of products is available.  A list of Schedule 2 and 3 Chemicals - Products/Applications per Industry Sector known to the Secretariat has also been drafted and will be maintained to reflect new information as it becomes available.  Moreover, illustrative groups of organic chemical products taken from Chapter 29 of the Harmonised System (HS) code of the World Customs Organisation (WCO) could be used as a compendium of chemical activity areas, in particular regarding the identification of manufacturers of DOCs.  Chapter 28 of the HS code covers some other scheduled chemicals;

(d) Possible information resources where a link between facilities and products is available, namely:

·         computerised commercial databases;

·         government records and databases (IN PARTICULAR, CUSTOMS RECORDS);

·         chemical and related industry associations;

·         chambers of commerce;

·         non-computerised commercial listings and information;

·         relevant UN bodies and non-profit public interest international foundations and institutions, non-governmental organisations etc. and

·         the Internet.

2.2 General Guidance

The proposed approach for setting up a general search sequence is presented below for scheduled chemicals under (a) and for DOCs including PSF-chemicals under (b).  This approach is based on the assumption that the potential resources listed in subparagraph 2.1 c. above are available and are made accessible to National Authorities or to other agencies charged with the identification of facilities.  It must be emphasised that the search can begin at any point in the process, e.g. a National Authority with an excellent industry facility database might simply compare this database with the chemicals mentioned in the CWC in order to establish an initial facility list.  For National Authorities with less precise information resources the whole procedure may need to be completed.

(a) Approach for facilities involved in scheduled chemicals

In general, the approach for facilities involved in scheduled chemicals entails the following:

·         a review of each of the Schedules of chemicals in the CWC;

·         this can be augmented with a study of the Handbook on Chemicals developed by the Secretariat;

·         a search for a correlation between types or categories of products, their raw material precursors and/or intermediates and the scheduled chemicals;

·         a search within the possible information resources for those industrial facilities involved with relevant types or categories of products, also taking into account the document Schedule 2 and 3 Chemicals - Products/Applications per Industry Sector;

·         the identification of facilities possibly involved with scheduled chemicals with a view to producing an initial list of facilities;

·         the refinement of the initial list of facilities with a view to producing a national industrial facility list for declaration purposes; and

·         the use of the refined initial list to gather information on the production, processing, consumption, import and export volumes of scheduled chemicals.

(b) Approach for facilities producing unscheduled discrete organic chemicals including PSF-chemicals

The definition of discrete organic chemical (DOC) is contained in the Verification Annex, Part I, paragraph 4:

"Discrete Organic Chemical" means any chemical belonging to the class of chemical compounds consisting of all compounds of carbon except for its oxides, sulfides and metal carbonates, identifiable by chemical name, by structural formula, if known, and by Chemical Abstracts Service registry number, if assigned.

PSF chemicals are defined in the Verification Annex, Part IX, paragraph 1:

...an unscheduled discrete organic chemical containing the elements phosphorus, sulfur or fluorine (hereinafter referred to as ... "PSF-chemical").

The proposed approach for facilities producing unscheduled discrete organic chemicals including PSF-chemicals differs somewhat from that considered for scheduled chemicals.  The difference arises because the term "discrete organic chemical" could be applied to virtually any organic chemical as compared with those included in the schedules of chemicals of the CWC, which are specific chemicals (even if these chemicals are noted as a group). 

Thus, in this case, the approach can be the following:

(c) Remarks

During the search process it should be borne in mind that the Convention establishes a verification regime only for:

On the other hand, there are certain chemical activities that are specifically excluded from consideration.  These chemical activities are those dealing with:

The chemical facilities identified in any search, but which are considered excluded in terms of the above should, however, be periodically reviewed at a national level, in order to make sure that they do not include other activities likely to be covered by declaration and inspection procedures.  For example, it is possible that a plant site that produces only polyurethane polymers is nevertheless declarable because it is compounding the polymers with the Schedule 2 fire-retardant chemicals DMMP or DEEP.  Similarly, a petroleum refinery might, on the same site, be manufacturing additives that are DOC or PSF chemicals, for the purpose of formulating them into lubricating oils or petroleum fuels.

A general approach such as that just described here will not of itself guarantee the completeness of the eventual list of facilities.  The effectiveness of any search methodology is only as good as the information in the accessed resources and the quality of the effort to make effective use of the information.  In relation to the last point, it is clear that the National Authority should be in a position not only to thoroughly know the provisions of the Convention and be aware of the current status of their interpretation within the OPCW, but to understand the implications of the results of a search process and be able to judge technically from this how to proceed.  It has been shown in practice that it is highly beneficial for a National Authority to have on its staff at least one person knowledgeable in organic chemistry and also familiar with the chemical industry.  Alternatively, the National Authority could contract in the services of such expertise on a consultancy basis to assist it in preparing its declarations.

The approach outlined here could quite possibly overestimate the number of declarable facilities, as the correlation between the Schedules of chemicals and the types or categories of products is not as straightforward as may appear to be the case.

Any initial list of facilities generated by the proposed search procedure will probably include facilities that are neither involved with any scheduled chemicals nor with relevant unscheduled DOCs.  Whether or not the listed facilities actually produce, process, or consume scheduled chemicals will require further inquiries involving contact with the facility management.

Even if it turns out that a facility does produce, process or consume scheduled chemicals, a further screening must be conducted in relation to the quantities of the chemical(s) involved in order to confirm whether the activity is declarable or not.  The search methodology is thus an approach that compiles a list of potential declarable sites and then eliminates from that list those sites that do not in fact qualify for declarations.

It is important to note that available information resources will differ from one country to another.  A successful effort in one country will, therefore, not guarantee a similarly successful effort in another.

In the case of a country planning to ratify or accede to the Convention, it is essential that an effective National Authority be identified as early as possible and empowered to prepare for the submission of the initial declarations.  The National Authority will need to start conducting surveys for the purpose of data acquisition, particularly where governmental data is concerned, at the earliest possible time.  As noted above, there are but 30 days after entry into force (EIF) of the Convention for each State Party to make its declarations to the OPCW.  In this way the National Authority will be able to:

In the case of an existing State Party, it should be emphasised that the preparation for the submission of the initial declarations, whilst a formidable task, cannot be considered to be the final activity in the implementation process.  The chemical industry is, especially in volatile economic times, an extremely variable sector of the economies of most countries.  There is a never-ending succession of mergers, acquisitions, bankruptcies, reorganisations, etc. which frequently impacts on the list of facilities that are declarable and inspectable in terms of the CWC.  It is thus of paramount importance that the data acquisition process described above should be an ongoing activity of the National Authority, to ensure that the annual declarations are correct.  The OPCW can only be as effective and efficient in its verification activities as the quality of these declarations allow.

It is hoped that this general approach will assist States Parties in their continuous implementation efforts. The Secretariat can, upon request, provide necessary advice and assistance to States Parties with regard to the implementation of this approach.

Annex on Chemicals

The Annex on Chemicals consists of:

The Schedules list toxic chemicals and their precursors. For the purpose of implementing the Convention, these Schedules identify chemicals for the application of verification measures according to the provisions of the Verification Annex. Pursuant to Article II, subparagraph 1 (a), these Schedules do not constitute a definition of chemical weapons.

Whenever reference is made to groups of dialkylated chemicals, followed 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.

Guidelines to the Schedules of Chemicals

Guidelines for Schedule 1

1. The following criteria shall be taken into account in considering whether a toxic chemical or precursor should be included in Schedule 1:

Guidelines for Schedule 2

2. The following criteria shall be taken into account in considering 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:

Guidelines for Schedule 3

3. The following criteria shall be taken into account in considering whether a toxic chemical or precursor, not listed in other Schedules, should be included in Schedule 3:

Types or Categories of Products
An Aid When Searching for Declarable Activities

These lists are illustrative and solely for the purpose of assisting in identifying scheduled chemicals. These lists have been developed for each Schedule of chemicals. Users have to keep in mind that it is impossible to provide accurate and complete lists of all possible products because products will clearly change over time. It is also important to remember that the correlation between the products and the Schedules is only an indicator and that the identification of a facility through its product is at best suggestive of its potential to use a scheduled chemical.

Schedule 1

  1. Pesticide development
  2. Insecticide development
  3. Medical and pharmaceutical preparations:

    a. antineoplastic agents
    b. neuromuscular blocking agents
    c. monoclonal antibody preparations
    d. intermediates for analgesics

  4. Flame retardant additive research (plastics, resins, fibres)

Schedule 2

  1. Insecticides
  2. Flame retardant additive research (plastics, resins, fibres)
  3. Medical and pharmaceutical preparations:
  4. Herbicides
  5. Fungicides
  6. Defoliants
  7. Rodenticides
  8. General product additives, inter alia:
  9. Dyes, and photographic industries:
  10. Metal plating preparations
  11. Toiletries including perfumes and scents
  12. Epoxy resins

Schedule 3

  1. Resin and plastic production:
  2. Isocyanates
  1. Toiletries
  2. Pharmaceuticals
  3. Pesticides
  4. Herbicides
  5. Insecticides
  6. Amine manufacture
  7. Acrylonitrile manufacture
  8. Cyanic acid manufacture
  9. Cyanogen manufacture
  10. Cyanogen chloride manufacture
  11. Gold and other noble metal extraction solutions
  12. Metal plating preparations
  13. Soil fumigants
  14. Organic phosphate esters (hydraulic fluids, flame retardants, surfactants, sequestering agents)
  15. Organic phosphites (stabilisers, antioxidants, flame retardants, lubricants, plasticizers)
  16. Vulcanising agents for rubber
  17. Batteries
  18. Leather tannery and finishing supplies
  19. Surfactants for detergents, oil drilling emulsions, cutting oils, soaps and toiletries
  20. Corrosion inhibitors
  21. Cement manufacture supplies

Possible Information Resources for Identifying Declarable Activities
How to associate products with facilities

1. Computerised databases

In principle it must be said that there is no computerised, commercially available database that is designed to provide a user with the ability to directly correlate lists of chemicals with lists of organisations which produce, process or consume those chemicals. However, it is possible to locate some data for some of the scheduled chemicals for facilities in some countries. Databases that have the ability to search their data by chemical name or by chemical identification numbers such as CAS or EINECS (European Inventory Existing Commercial Chemical Substances) are particularly useful. Databases are published and licensed by a number of commercial firms, for example the Scientific and Technical Information Network, International (STN) headquartered in Karlsruhe, Germany and Dialogue Information Services, Inc., located in Palo Alto, California, USA. These companies will license users to access specific databases via telephone modems and will then charge the users for the computer time spent using the databases.

inter alia:

Chemical Abstracts

Can be searched by chemical and will contain source data including names of organisations and chemical industry facilities; worldwide coverage.

Chemical Business
News Base
Includes chemicals, pharmaceuticals, agrochemicals with News Base correlations to companies and countries. Possible source of manufacturing volume information; worldwide coverage.
Cheminform RX Correlates products with their chemical reactants.
Chemical Industry Notes Correlates specific chemicals with business activities; worldwide coverage.
Chem Sources (CSCHEM) Correlates chemical products and suppliers; worldwide coverage.
CSCORP Correlates chemical products and suppliers; worldwide coverage.
Gmelin Primarily scientific information, but will also access patent data which can be used for organisation/company correlations; worldwide coverage.
Phar Correlates company names with products and associated chemicals; worldwide coverage.
Beistein Online Primarily scientific information, but will also access patent data which can be used for organisation/company correlations; worldwide coverage.
Derwent World Patents Index Can correlate chemicals and organisation/companies; worldwide coverage.
EINECS European listing of 100,000 substances including very toxic substances (available on CD-ROM).

2. Governmental records and databases

All governments collect and organise import/export, financial, transport, tax, employment data etc. Most governments will try to organise this data in a such way as to allow it to be readily available for planning and reference purposes. Examples are the following:

3. Chemical Industry Associations

In many countries chemical industrial firms have established organisations which are supported by the financial contributions from member firms and which function to promote interests common to most members. These organisations will have a large proportion of member companies which are basic producers of chemicals. They will also tend to have larger chemical companies as members as opposed to smaller processors and consumers. Thus these associations cannot be expected to represent or even know of all chemical users in their respective countries. However, they will typically cover the firms responsible for a majority of chemical production activities. Some of these organisations have also undertaken activities in relation to the interests of specific subdivisions of their membership. Thus, subcommittees may exist for work on projects related to organophosphorus chemicals, phosgenes, etc. These organisations are excellent sources to canvas for facility information. Whereas it is difficult to search for generic chemical information in an electronic database, a panel of technical and business experts can easily address generic subject matter.

Other industry associations can also be used as resources. In some cases chemicals and facilities which pursue activities relevant to the Convention are members of organisations which do not consider themselves to be "chemical". These can include pharmaceutical, pesticide, and agrochemical associations. As in the chemical industry, these associations promote the common interests of their membership.

4. Chambers of Commerce

Many countries have national and regional chambers of commerce, which are organisations geared to promote the commercial and financial interests of their membership. Although these organisations are not typically focused on the chemical industry, they do have a spectrum of kinds of businesses. This diversity can be especially valuable in locating facilities in which venture projects might be using small quantities of Schedule 1 chemicals for research; or in locating companies which might be involved in the processing or consumption of Schedule 2 chemicals at low volumes in terms of production, but are still above Convention threshold use levels. Organisations such as these may not be members of chemical or other industry associations, and therefore will not be "counted" by these production-oriented organisations. Thus, chambers of commerce can be used to supplement the information available through the larger chemical industry and related organisations and, in relation to Schedule 2, to identify downstream industries that may be declarable.

5. Commercial Listings and Publications

The focus of this resource entry is on those listings or reference volumes which are available in book, magazine or newspaper format. It should be noted that some of those that are periodical in nature may also be available in electronic format or even through an on-line data system. These resources include, inter alia:

6. Illustrative United Nations Bodies and Non-Profit Public Interest Foundations/Institutions

The following organisations are presented as examples of possible information resources. The listing is not complete and does not constitute an endorsement of the work of these organisations by the Secretariat.

Setting up a National Authority | Initial Declarations Under Article VI | Identification of Declarable Activities | Preparations for Inspections