Preparatory Commission for the

PC-X/B/2

Organisation for the Prohibition

21 December 1994

of Chemical Weapons

Original:  ENGLISH

   

Tenth Session

(3 - 7 April 1995)

NOTE BY THE EXCUTIVE SECRETARY

DRAFT UNDERSTANDING ON THE STATUS OF "EXPERTS" IN THE CONTEXT OF INVESTIGATIONS OF ALLEGED USE IN REGARD TO PRIVILEGES AND IMMUNITIES

1.         Working Group B requested (subparagraph 4.3(d), PC-X/B/4) the Secretariat to:

"prepare, on the basis of the discussion paper submitted by the Secretariat, a possible draft understanding on the status of "experts" in the context of investigations of alleged use in regard to privileges and immunities, to be submitted in time for the Expert Group on Inspection Procedures to reach agreement on a recommendation at its next meeting".

2.         Pursuant to that request, the Legal Adviser has prepared the following draft understanding, which is hereby submitted for the consideration of the Expert Group on Inspection Procedures:

"1.       'Qualified experts' will be designated in accordance with the provisions of paragraph 7 of Part XI of the Verification Annex of the Chemical WeaponsConvention, supplemented, as appropriate, by the relevant parts of paragraph 2, and paragraphs 3 through 9 of Part II of the Verification Annex.

2.         Once selected for a specific inspection team, "qualified experts" become members of the inspection team for all intents and purposes, and any reference to "inspectors" or to "members of the inspection team" in the Convention or in any of its Annexes, will be understood to include also these experts. These references include, inter alia, the provisions of Section B of Part II of the Verification Annex."

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