OPCW

REPORT OF THE FOURTH SESSION

OF THE CONFERENCE OF THE STATES PARTIES

1. Introduction

1.1 The following 102 States Parties participated in the Fourth Session of the Conference of the States Parties (hereinafter the "Conference"): Albania, Algeria, Argentina, Armenia, Australia, Austria, Bahrain, Bangladesh, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cameroon, Canada, Chile, China, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Ecuador, Estonia, Ethiopia, Finland, France, Gambia, Georgia, Germany, Ghana, Greece, Holy See, Hungary, Iceland, India, Indonesia, Iran (Islamic Republic of), Ireland, Italy, Japan, Jordan, Kenya, Kuwait, Latvia, Lesotho, Lithuania, Luxembourg, Malta, Mexico, Monaco, Mongolia, Morocco, Namibia, Nepal, Netherlands, New Zealand, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saudi Arabia, Senegal, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, The former Yugoslav Republic of Macedonia, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay, Uzbekistan, Venezuela, Viet Nam, and Zimbabwe.

1.2 In accordance with Rule 29 of the Rules of Procedure of the Conference, the following 14 signatory States participated in this session of the Conference: Cape Verde, Colombia, Congo, Gabon, Guatemala, Israel, Kazakhstan, Kyrgyzstan, Liberia, Malaysia, Rwanda, Thailand, United Arab Emirates, and Yemen.

1.3 In accordance with Rule 30 of the Rules of Procedure of the Conference, and pursuant to decision C-IV/DEC.24, dated 1 July 1999, a representative of the Libyan Arab Jamahiriya was granted observer status.

1.4 The Conference, in decision C-IV/DEC.1*, dated 28 June 1999, approved the participation of the following international organisations in this session of the Conference: the Preparatory Commission for the Comprehensive Nuclear Test-Ban Treaty Organisation (CTBTO), the International Atomic Energy Agency (IAEA), the United Nations Environment Programme (UNEP), and the United Nations (UN).

1.5 The Conference, in decision C-IV/DEC.2*, dated 28 June 1999, approved the participation of eight non-governmental organisations and industry representatives in this session of the Conference.

2. AGENDA ITEM ONE - Opening of the session

The Fourth Session of the Conference was opened on 28 June 1999 by the Chairman of the Third Session of the Conference, Ambassador Song Young-shik of the Republic of Korea.

3. AGENDA ITEM TWO - Election of the Chairman

In accordance with Rules 34 and 35 of its Rules of Procedure, the Conference, by acclamation, elected as its Chairman Ambassador István Gyarmati of Hungary, who shall hold office until his successor is elected at the next regular session of the Conference.

4. AGENDA ITEM THREE - Election of Vice-Chairmen and other officers

4.1 In accordance with Rules 34 and 35 of the Rules of Procedure of the Conference, Representatives of the following ten States Parties were elected as Vice-Chairmen of the Conference, to hold office until their successors are elected at the next regular session of the Conference: Kenya, Nigeria (Africa); Bangladesh, Pakistan (Asia); Bulgaria, the Russian Federation (Eastern Europe); Argentina, Brazil (Latin America and the Caribbean); France, and the United States of America (WEOG).

4.2 Also in accordance with Rules 34 and 35 of the Rules of Procedure of the Conference, Ambassador Seyed Shamseddin Khareghani of the Islamic Republic of Iran was elected Chairman of the Committee of the Whole until a new Chairman is elected for this body at the next regular session of the Conference.

5. AGENDA ITEM FOUR - Adoption of the agenda

The Conference adopted the following agenda for its Fourth Session:

6. AGENDA ITEM FIVE - Organisation of work and establishment of subsidiary bodies

6.1 The Conference, noting that no request for a supplementary item had been received by the Director-General, and that no request for an additional agenda item had been received by the General Committee, under Rules 14 and 20 respectively of the Rules of Procedure of the Conference, adopted the recommendation of the General Committee to approve the agenda for this session of the Conference as contained in C-IV/DG.2, dated 6 May 1999.

6.2 The Conference referred the following items to the Committee of the Whole, to consider and report back: the programme and budget of the Organisation, submitted by the Executive Council (hereinafter the "Council") for the ensuing financial period, and all items pertaining to this budget; the scale of assessments to be paid by States Parties; the attribution of costs related to inspections of old chemical weapons; the proposed establishment of special accounts; the staff regulations; the list of inspection equipment and revised specifications for approved inspection equipment; the implementation of Section B of Part IX of the Verification Annex; issues referred to the Conference by the Director-General on the recommendation of the Scientific Advisory Board; guidelines for provisions regarding scheduled chemicals in low concentrations; simulation equipment; the timing of notifications of challenge inspections; and the draft relationship agreement between the United Nations and the OPCW.

6.3 The Conference adopted the recommendation of the General Committee to close the Fourth Session of the Conference on 2 July 1999.

6.4 The Conference noted the joint proposal by the Chairmen of the Conference, Committee of the Whole, and the Executive Council and of the Director-General on intersessional work, with a view to improving the efficiency of the work of the Organisation (C-IV/3, dated 1 July 1999). The Conference also noted the informal and purely advisory nature of the proposed meetings of the Chairmen of the Conference, Committee of the Whole, and the Executive Council and of the Director-General, and their intention to involve, as required, regional coordinators and other delegations.

7. AGENDA ITEM SIX - Appointment of Credentials Committee

In accordance with Rule 27 of its Rules of Procedure, the Conference, on the proposal of its Chairman, appointed the following ten members of the Credentials Committee to hold office until new members are appointed at the next regular session of the Conference: Australia, Benin, Croatia, Cuba, Oman, Morocco, New Zealand, Romania, Sri Lanka, and Venezuela.

8. AGENDA ITEM SEVEN - Statement by the Director-General

The Conference noted the statement by the Director-General (C-IV/DG.12*, dated 28 June 1999).

9. AGENDA ITEM EIGHT - General debate

The following delegations made statements during the general debate: Chile, Japan, Germany (on behalf of the European Union and of States Parties which associated themselves with this statement), Pakistan, the United States of America, Oman, Switzerland, Kenya, Turkey, Algeria, Canada, Australia, Croatia, Ukraine, Romania, India, the Republic of Korea, Nigeria, Brazil, China, Sri Lanka, Indonesia, Peru, Morocco, Iran (Islamic Republic of), Bangladesh, Belarus, Viet Nam, Poland, Slovenia, Zimbabwe, the Russian Federation, Ghana, Cuba, South Africa, Bahrain, Sudan, Mexico, Colombia, and Algeria (on behalf of the African Group). The Representative of the Secretary-General of the United Nations, Ambassador Vladimir Petrovsky, the Director General of the United Nations Office in Geneva and the Secretary-General of the Conference on Disarmament, also made a statement.

10. AGENDA ITEM NINE - Status of implementation of the Convention

Submission of declarations

10.1 In the light of the serious concern which it had expressed at its Third Session on the importance, in relation to the significant number of States Parties to the Convention which had submitted no initial declarations or initial declarations in part only, of the full implementation by all States Parties of all their commitments under the Convention and of adherence to all its provisions without conditions, the Conference took cognisance of the Note by the Director-General on the status of initial declarations and notifications (C-IV/DG.10, dated 21 June 1999), as well as the report by the Director-General on experiences in implementing the provisions of Parts VII and VIII and Section A of Part IX of the Verification Annex within the verification regime for "other chemical production facilities", and containing detailed data requested by the Council (C-IV/DG.6/Rev.1, dated 23 June 1999, and Corr.1, dated 1 July 1999). The Conference requested the Council to monitor closely the fulfilment by States Parties of this important obligation under the Convention in order to enable the Council to consider recommendations to the Conference at its Fifth Session with a view to redressing the situation.

Procedures for the handling of confidential information

10.2 The Conference noted that the issue of the procedures for the handling of confidential information had been discussed by the Council at its Fourteenth and Fifteenth Sessions, and strongly endorsed the concern, expressed by the Council at its Fifteenth Session, that, as of the date of that session, the majority of States Parties were not yet in compliance on this important matter regarding confidentiality. The Conference noted the information on this subject contained in the report by the Director-General on the status of implementation of the regime governing the handling of confidential information by the Secretariat (C-IV/DG.8, dated 17 June 1999), and requested the remaining States Parties to provide this information to the Secretariat forthwith. The Conference requested the Council to monitor closely the fulfilment by States Parties of this important obligation under the Convention in order to enable the Council to consider recommendations to the Conference at its Fifth Session with a view to redressing the situation.

Status of assessed contributions

10.3 In the light of the concern which it had expressed at its Third Session on States Parties which were in arrears with their financial contributions to the OPCW, the Conference took cognisance of the most recent Note by the Director-General on the status of assessed contributions as of 31 May 1999 (C-IV/DG.5, dated 11 June 1999, and Add.1, dated 30 June 1999). The Conference noted that, as of the cut-off date of 24 June 1999 for the addendum to this report, 34 States Parties had paid no contributions to the Working Capital Fund, while 25, 34, and 52 had paid no contributions to the OPCW budgets for 1997, 1998, and 1999 respectively. The Conference also noted that, as of the same cut-off date, 30 States Parties had not paid their assessed contributions to the Preparatory Commission. In this respect the Conference once again drew attention to the provisions of paragraph 8 of Article VIII of the Convention.

Reimbursement of verification costs under Articles IV and V

10.4 The Conference noted that the Council, at its Fourteenth Session, had expressed concern that reimbursement payments were outstanding for the great majority of verification costs in question at that time. The Conference also noted that, before the Fourteenth Session of the Council, there had been bilateral discussions between the Secretariat and inspected States Parties to resolve problems related to the billing procedures, and that the Council, at that session, had strongly urged all inspected States Parties and the Secretariat to do everything in their power to resolve any outstanding problems in relation to the reimbursement of verification costs, and had requested those States Parties to make payment as soon as possible. The Conference took cognisance of the recent Note by the Director-General on the status of reimbursement of verification costs under Articles IV or V of the Convention (C-IV/DG.4, dated 11 June 1999), and requested the Council to closely monitor the fulfilment by States Parties of this important obligation in order to enable the Council to consider recommendations to the Conference at its Fifth Session with a view to redressing the situation.

Status of implementation of the requirement for States Parties to provide two-year multiple entry/exit visas to inspectors/inspection assistants

10.5 The Conference noted the report by the Director-General on the status of implementation of the requirement for States Parties to provide two-year multiple entry/exit visas to inspectors/inspection assistants (C-IV/DG.3, dated 10 June 1999).

10.6 Article VII of the Convention requires each State Party to adopt the necessary measures to implement its obligations under the Convention, including enacting penal legislation with respect to prohibited activities, and to inform the Organisation of the legislative and administrative measures taken. The Conference noted from the annex to the Note by the Director-General on the status of submission of initial declarations and notifications that, as of 15 June 1999, only 34% of States Parties had met this obligation. The Conference urged States Parties: (a) to complete, where necessary, the legislative and administrative measures to implement the Convention in their jurisdictions; and (b) to inform the Organisation of such measures taken.

10.7 Recalling its request, at its Third Session, for a seminar on national implementation and legal cooperation (subparagraph 19.3 of C-III/4, dated 20 November 1998), the Conference noted the Secretariat document entitled "Proceedings of the Thematic Workshop on Developing and Strengthening National Legislation and Policies for the Sound Management of Chemicals, 22 - 25 June 1999, Geneva" (S/127/99, dated 1 July 1999), and the planning for a second seminar on cooperation and legal assistance, as well as the national paper by the Islamic Republic of Iran on the process of compliance with Article VII: a case study (C-IV/NAT.11, dated 1 July 1999).

10.8 The Conference took cognisance of the Note by the Director-General on the regulation of transfers of Schedule 2 chemicals effective 29 April 2000 (C-IV/DG.9, dated 21 June 1999).

10.9 The Conference noted the report by the Director-General on the status of implementation of Article VIII, paragraph 50 (C-IV/DG.11, dated 23 June 1999).

National papers on the implementation of the Convention

10.10 The Conference noted the national paper by Romania on the contribution of Romania to the implementation of the Chemical Weapons Convention (C-IV/NAT.8, dated 28 June 1999), and the statement by the delegation of the United States of America on the status of implementation of the Convention (C-IV/NAT.9, dated 29 June 1999).

11. AGENDA ITEM TEN - Draft report of the Organisation on the year 1998

The Conference considered and approved the "Report of the Organisation on the Implementation of the Convention (1 January - 31 December 1998)"
(C-IV/5, dated 2 July 1999).

12. AGENDA ITEM ELEVEN - Report of the Executive Council on the performance of its activities

12.1 The Conference noted the "Report of the Executive Council on the Performance of its Activities (5 September 1998 - 4 June 1999)" (C-IV/1 EC-MV/2, dated 4 June 1999). The report was introduced by the Chairman of the Council, Ambassador Ignacio Pichardo Pagaza of Mexico. The Conference noted the statement by the Chairman of the Council (C-IV/INF.4, dated 29 June 1999).

12.2 The Conference took the following action on the basis of recommendations and decisions of the Council:

(b) Draft relationship agreement between the United Nations and the OPCW

(c) Model facility agreements

(f) Annual report of the Office of Internal Oversight

13. AGENDA ITEM TWELVE - Election of members of the Executive Council

In accordance with Article VIII, paragraph 23 of the Convention, and with Rule 83 of the Rules of Procedure of the Conference, the following 20 States Parties were elected members of the Council, for a two-year term of office commencing on 11 May 2000:

14. AGENDA ITEM THIRTEEN - Implementation of Section B of Part IX of the Verification Annex

14.1 With respect to its mandate under Part IX, paragraph 25, of the Verification Annex, the Conference noted the observation of the Council, at its Fifteenth Session, that so far no proposals by States Parties for inspections had been presented. The Conference endorsed the resolve of the Council, as expressed at its Fifth Meeting, to come forward with a substantive recommendation on this matter in time for the Fifth Session of the Conference.

14.2 The Conference noted the report by the Director-General on experiences in implementing the provisions of Parts VII and VIII and Section A of Part IX of the Verification Annex within the verification regime for "other chemical production facilities", and containing detailed data requested by the Council (C-IV/DG.6/Rev.1, dated 23 June 1999, and Corr.1, dated 1 July 1999). The Conference also noted the report by the Director-General on the distribution of resources available for verification between PSF plants and other chemical production facilities (C-IV/DG.7, dated 17 June 1999, and Corr.1, dated 30 June 1999), and the Note by the Technical Secretariat on the criteria and methodology for selecting other chemical production facilities, including PSF plants, for inspection (C-IV/TS.1, dated 17 June 1999), as well as the non-paper by Australia on Chemical Weapons Convention (CWC) industry verification: inspections of Schedule 3 and discrete organic chemical (DOC) facilities (C-IV/NAT.7, dated 24 June 1999), and comments by States Parties related to these issues.

15. AGENDA ITEM FOURTEEN - The programme and budget of the Organisation, submitted by the Executive Council for the ensuing financial period, and all items pertaining to this budget

15.1 In accordance with the recommendation of the Council at its Sixth Meeting held on
23 June 1999, the Conference considered and adopted the decision on the OPCW Programme and Budget for 2000 and the Working Capital Fund (C-IV/DEC.23, dated 2 July 1999).

Draft Medium-Term Plan

15.2 The Conference, in accordance with the recommendation of the Council at its Fifth Meeting, considered and noted the Draft Medium-Term Plan 2000 - 2003 (C-IV/DEC/CRP.32, dated 2 July 1999). The Conference encouraged the Secretariat to continue to refine this document, with a view to making as much up-to-date information as possible available to Member States, for planning purposes.

Classification of posts

15.3 The Conference considered and adopted the decision on the review of classification of posts (C-IV/DEC.19, dated 2 July 1999).

Proposed establishment of special accounts

15.4 The Conference considered and adopted the decision on the establishment of special accounts (C-IV/DEC.17, dated 2- July 1999), which had been drafted by the Secretariat at the request of the Council at its Fifth Meeting.

16. AGENDA ITEM FIFTEEN - The scale of assessments to be paid by States Parties

The Conference considered and adopted the decision on the scale of assessments to be paid by States Parties for the financial year 2000 (C-IV/DEC.3, dated
2 July 1999).

17. AGENDA ITEM SIXTEEN - Fostering of international cooperation for peaceful purposes in the field of chemical activities

17.1 The following delegations made statements in relation to this agenda item: Iran (Islamic Republic of), Cuba, Canada, Indonesia, Pakistan, Australia, Mexico, China, United Kingdom of Great Britain and Northern Ireland, Russian Federation, and Bangladesh.

17.2 The Conference noted the report by the Chairman of the Council on the results of the consultations on the proposal contained in document C-III/NAT.4, dated 19 November 1998, which had been held by the Council. Statements were made emphasising the need for further work on the key matter of the fostering of international cooperation in the field of chemical activities for peaceful purposes. They stressed that the fostering of international cooperation for peaceful purposes in the field of chemical activities is an integral part of the Convention. Many delegations requested that the consultations on the draft resolution be intensified, with a view to it being adopted by the Conference at its next session. The Conference decided to refer this matter back to the Council for further consideration, with a view to the Council reporting to the Conference at its Fifth Session.

17.3 The Conference had before it a national paper by Sweden on the Swedish review under the Chemical Weapons Convention: paragraph 2(e) of Article XI of the Convention (C-IV/NAT.1, dated 16 March 1999), as well as a national paper by the United States of America on export controls and the Chemical Weapons Convention (C-IV/NAT.2, dated 29 April 1999), a national paper by Canada on the Canadian review under Article XI, paragraph 2(e) on Canada’s export and import controls on CWC chemicals and precursors (C-IV/NAT.4, dated 15 June 1999), a national paper by Australia on the implementation and adjustment of Australian export and import licensing measures which satisfy obligations under the CWC, including the requirement set out in Article XI, paragraph 2(e) (C-IV/NAT.5, dated 17 June 1999).

18. AGENDA ITEM SEVENTEEN - Reports of subsidiary bodies

18.1 The Conference noted the report of the outgoing Chairman of the Committee of the Whole to the Conference on the results of the work on the unresolved issues during the third intersessional period (C-IV/CoW.1, dated 28 June 1999). Pursuant to the decision taken by the Conference at its Third Session on the procedure for addressing unresolved issues (C-III/DEC.11, dated 20 November 1998), the facilitators designated by Ambassador Carl Gerhardus Niehaus of South Africa, the Chairman of the Committee of the Whole appointed by the Conference at its Third Session, reported to the Committee of the Whole, which took appropriate action as required.

18.2 The Conference received the reports of the Committee of the Whole (C-IV/CoW.2, dated 28 June 1999, and C-IV/CoW.3, dated 2 July 1999), and took appropriate action as required.

18.3 The Conference received the report of the General Committee, and took appropriate action as required.

18.4 The Conference noted the report of the third meeting of the Confidentiality Commission (C-IV/CC.1, dated 20 May 1999).

18.5 The report of the Credentials Committee (C-IV/2, dated 1 July 1999) was presented by its Chairman, Ambassador Nacer Benjelloun-Touimi of Morocco. The Chairman orally reported that, following the close of the Credentials Committee meeting, formal credentials were received for the Representatives of Côte d’Ivoire and Ethiopia and official communications were received regarding the representation of Bangladesh, Brunei Darussalam, Gambia and Namibia. Formal credentials will be submitted for the latter in due course. The Conference noted this additional information and approved the report.

(e) Scientific Advisory Board

18.6 The Conference took cognisance of the report of the second session of the Scientific Advisory Board (SAB-II/1, dated 23 April 1999), and of the Note by the Director-General on the report of the Scientific Advisory Board (SAB-II/DG.1, dated 3 June 1999, and Corr.1, dated 21 June 1999).

19. AGENDA ITEM EIGHTEEN - Any other business

Ensuring the universality of the Convention

19.1 The Conference considered and adopted the recommendation on ensuring the universality of the Convention (C-IV/DEC.22, dated 2 July 1999).

Draft agreement with Greece on the privileges and immunities of the OPCW

19.2 The Conference considered and adopted the decision on the draft agreement between the Republic of Greece and the Organisation for the Prohibition of Chemical Weapons on the privileges and immunities of the OPCW (C-IV/DEC.21, dated 2 July 1999), which gave approval to the Council to consider and conclude the draft agreement between the Republic of Greece and the Organisation for the Prohibition of Chemical Weapons on the privileges and immunities of the OPCW.

Guidelines for provisions regarding scheduled chemicals in low concentrations

19.3 The Conference considered and adopted the decision on guidelines for provisions regarding scheduled chemicals in low concentrations, including in mixtures, in accordance with paragraphs 5 of Parts VII and VIII of the Verification annex (Paris Resolution, subparagraph 12(t)) (C-IV/DEC.16, dated 1 July 1999), on the understanding that this decision on a procedural approach does not prejudge the nature of the recommendations to be adopted by the Council.

Simulation equipment

19.4 The Conference considered and adopted the decision on simulation equipment (C-IV/DEC.15, dated 1 July 1999).

Scientific Advisory Board

19.5 The Conference considered and adopted the decision on the second report of the Scientific Advisory Board (C-IV/DEC.20, dated 2 July 1999).

Attribution of costs related to inspections of old chemical weapons

19.6 The Conference noted the national paper by the United States of America on legal views on costs of verification of old chemical weapons (C-IV/NAT.10, dated 30 June 1999). The Conference considered the draft decision (EC-XV/DEC/CRP.9, dated 26 April 1999), and requested the Council to consider this issue urgently, and to report back to the Conference at its Fifth Session.

Model facility agreement for chemical weapons destruction facilities

19.7 The Conference took cognisance of the status of consultations on a draft decision on the model facility agreement for chemical weapons destruction facilities (C-IV/DEC/CRP.30, dated 2 July 1999), and recommended that the Council should consider this matter further with a view to reaching agreement on the text of the model facility agreement, and to elaborating a recommendation to the Conference for its adoption.

Procedure for addressing unresolved issues

19.8 The Conference considered and adopted as amended the decision on a procedure for addressing unresolved issues during the fourth intersessional period (C-IV/DEC.18, dated 2 July 1999). In taking this decision, the Conference noted that the Working Group established under the Council to resolve the unresolved issues may, as required, decide to organise its work into sub-groups. The creation of the Working Group does not prejudice other decisions to be taken by the Council for the organisation of its work.

20. AGENDA ITEM NINETEEN - Date and duration of the next regular session of the Conference

The Conference confirmed the decision taken at its Second Session to hold the next regular session of the Conference from 15 - 19 May 2000.

21. AGENDA ITEM TWENTY - Adoption of the report of the Conference

The Conference considered and adopted the report of its Fourth Session.

22. AGENDA ITEM TWENTY-ONE - Closure

The Chairman closed the Fourth Session on 2 July 1999.

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