PC-X/B/5

Preparatory Commission for the	PC-X/B/5
Organisation for the Prohibition	6 April 1995
of Chemical Weapons	Original: ENGLISH

Tenth Session

(3 - 7 April 1995)

WORKING GROUP B

REPORT

1. Introduction

1.1 Working Group B on Verification and Technical Cooperation and Assistance, under the chairmanship of Mr. Sylwin Gizowski of Poland, held 4 meetings from 4 - 6 April 1995 to receive the reports of the Expert Groups under its purview and to take appropriate action.

1.2 Working Group B adopted its agenda as contained in PC-X/B/4.

2. The meeting of Working Group B on 27 February 1995

Working Group B received the "Chairman's Summary of the Meeting of Working Group B on 27 February 1995" (PC-X/B/WP.11). The Summary was presented by Mr. Sylwin Gizowski of Poland, the Chairman of the Working Group.

3. Inspection Procedures

3.1 Working Group B received the Sixth and Seventh Reports of the Expert Group on Inspection Procedures (PC-X/B/WP.1 and PC-X/B/WP.9 and Corr.1 respectively). The Reports were presented by Mr. Sergei Kisselev of the Russian Federation, the Chairman of the Expert Group.

3.2 Working Group B requested the Commission to adopt the additional specific operational requirements for the sample collection kit for munitions as contained in paragraph 1 of the Annex to PC-X/B/WP.1.

3.3 Working Group B noted the technical specifications for the sample collection kit for munitions as contained in paragraph 2 of the Annex to PC-X/B/WP.1.

3.4 Working Group B requested the appropriate Expert Group or Groups to consider the operational implications of the use of the sample collection kit for munitions when any proposals have been made by Member States.

3.5 Working Group B drew the attention of Working Group A to the issue of any financial implications of the use of inspection equipment.

3.6 Working Group B considered and forwarded to the Commission for adoption the document "Measures in Relation to Approved Equipment Following Inspection Activities" (Annex 1 to PC-X/B/WP.9) with the following amendments:

(a) amend the title of the document to read as follows:

"Measures in Relation to Approved Equipment Following Completion of Inspection Activities"

(b) replace the first sentence of paragraph 3 by:

"In accordance with the provisions of the Convention and with the OPCW Policy on Confidentiality, Section VI, subsection 3.4.3, paragraphs 3, 4 and 5, the following technical measures relate to situations where, after the selection of information relevant to the purpose of the inspection by the inspection team for inclusion in its preliminary findings, information not relevant to the purpose of the inspection has to be removed before the inspection team leaves the site. Any fact of application of these technical measures will be recorded in the preliminary findings."

"It is understood that in the case of negative results of the analysis in terms of the presence of chemicals searched for in accordance with the provisions of the Convention, the respective sample, computer file and any print-outs will be considered not relevant in the terms of the inspection mandate. This is without prejudice to both the right of the inspection team to transfer a sample for off-site analysis and the rights of a State Party in the case of a challenge inspection."

(d) replace subparagraph 3.3 by the following:

"3.3 Conditions for the Retention by a State Party of Equipment or Pieces of Equipment.

The conditions will be:

(a) immediate replacement or reimbursement in convertible currency at full immediate replacement cost by the inspected State Party before the inspection team leaves the POE, or in any case no later than 7 days after the departure of the inspection team from the POE; and

(b) disposal to the satisfaction of the inspection team of retained equipment or pieces of equipment before the team leaves the inspection site".

3.7 Working Group B noted the "General Requirements for Health and Safety Equipment" (Annex 2 to PC-X/B/WP.9) and the technical specifications for 15 items of health and safety equipment (Annex 3 to PC-X/B/WP.9) as referred to in subparagraph 4.1 of PC-IX/B/WP.3.

3.8 Working Group B noted the technical specifications for seven items of protective and safety equipment (Annex 4 to PC-X/B/WP.9).

3.9 Working Group B noted the results of the evaluation of the spectra (MS, IR, NMR) of the scheduled chemicals (Annex 5 to PC-X/B/WP.9).

3.10 Working Group B noted the contents of the sample preparation kit for infrared analysis (Annex 6 to PC-X/B/WP.9).

3.11 Working Group B noted the procedure for sample splitting for soil samples and for bulk solid samples (Annex 7 to PC-X/B/WP.9).

3.12 Working Group B noted the equipment for sample splitting for soil samples and/or bulk solid samples, to be added to the standard sampling kit (Annex 8 to PC-X/B/WP.9).

3.13 Working Group B noted subparagraph 5.2 of PC-X/B/WP.9 and drew its substance to the attention of the Commission. This subparagraph records the Expert Group's discussion of the paper entitled "Legal Opinion on the Relationship between Parts X and XI of the Verification Annex" (PC-X/B/1), and the view of the Expert Group that it could not accept it as the basis for resolving the issue. Particularly, the Expert Group could not support the conclusions contained in paragraph 12 of that paper.

3.14 Working Group B requested the Secretariat, in accordance with subparagraph 12.2(a) of PC-X/B/WP.9, to prepare a proposal for the inclusion of a new item "Team Decontamination Kit" into the Commission's equipment list contained in PC-VIII/A/WP.7 while remaining within the limits set by the Commission for this Budget programme, and to submit this proposal for consideration by the Expert Group on Programme of Work and Budget with a view to referring it for adoption by the Commission.

3.15 Working Group B requested the Secretariat, in accordance with the request contained in subparagraph 12.2(e) of PC-X/B/WP.9, to follow in its current procurement of inspection equipment the procedures contained in the Secretariat's paper of 25 January on the methodology for procurement of equipment for the OPCW, taking into consideration the comments made by delegations during the meeting of the Expert Group on Inspection Procedures held from 30 January to 2 February 1995.

3.16 Working Group B requested the Secretariat to:

(a) request Member States to re-submit the approved IR and mass spectra in the agreed electronic formats for data exchange and some approved NMR spectra as hard copy formats to achieve better quality;

(b) prepare for the Expert Group on Inspection Procedures a discussion paper on the scope of the OPCW analytical database;

(c) prepare for consideration by the Expert Group on Inspection Procedures at its next meeting a detailed proposal regarding the establishment and implementation of the proposed QA/QC regime, including budgetary, personnel and phasing aspects;

(d) prepare for consideration by the Expert Group on Inspection Procedures at its next meeting a draft of the OPCW Equipment Procurement Policy based on the paper of 25 January 1995 and comments made by delegations during the meeting of that Expert Group held from 30 January to 2 February 1995; and

(e) prepare for consideration by the Expert Group on Inspection Procedures the study on "major risks" to inspectors referred to in subparagraph 11.2 of PC-X/B/WP.9.

3.17 Working Group B invited Member States to:

(a) assist the Secretariat in obtaining the lacking spectral, chromatographic and other relevant data for the scheduled chemicals contained in Annex 5 to PC-X/B/WP.9; and

(b) comment on and further develop the minimum validation criteria for recommended operating procedures for sample preparation proposed in subparagraph 3.4 of the Secretariat background paper for the Specialist Task Force on Inspection Equipment Issues, which is available from the Secretariat on request.

3.18 Working Group B also invited Member States proposing sample preparation methods for on-site GC/MS analysis to provide their present validation data for consideration by the Specialist Task Force on Inspection Equipment Issues.

4. Confidentiality

4.1 Working Group B received the Sixth and Seventh Reports of the Expert Group on Confidentiality (PC-X/B/WP.2 and PC-X/B/WP.7 respectively). The Reports were presented by Mr. Antony Taubman of Australia, the Chairman of the Expert Group.

4.2 Working Group B noted the Annex to PC-X/B/WP.2, entitled "General Principles for Handling and Protection of Confidential Information", and requested other Expert Groups to take it into account as appropriate.

4.3 Working Group B recommended that the Expert Group on Confidentiality continue consultations on the possibility of the Host State establishing a concurrent jurisdiction that would cover a serious breach of confidentiality by Technical Secretariat staff members.

4.4 Working Group B recommended that the chair of the Expert Group on Confidentiality pursue informal consultations on the issues listed in subparagraph 8.1 of PC-X/B/WP.7, with a view to their resolution.

4.5 Working Group B recommended that the Expert Group on Confidentiality consider the need to address the question of the possible compensation for other forms of damage, not caused by a breach of confidentiality, that occur in the performance of Convention obligations, as raised in Section IV of the Executive Secretary's Discussion Paper (PC-X/B/WP.3).

4.6 Working Group B noted the contents of paragraph 3 of PC-X/B/WP.7, which outlines the responsibility of States Parties to cooperate with and support, to the extent possible, the Director-General's investigation of an alleged breach of confidentiality.

5. Old and Abandoned Chemical Weapons

5.1 Working Group B received the Fourth Report of the Expert Group on Old and Abandoned Chemical Weapons (PC-X/B/WP.5). The Report was presented by Dr. Peter Krejsa of Austria, the Chairman of the Expert Group.

5.2 Working Group B requested the Secretariat to:

(a) prepare a background paper based on material submitted by interested delegations on the issue of abandoned chemical weapons buried by a State Party on its territory after 1976 or dumped at sea after 1984, including a possible challenge inspection, and its implications for the Technical Secretariat's responsibilities and the tasks of other Expert Groups in this regard; and

(b) generate different sets of forms for the declaration of and provision of information about old chemical weapons which were produced before 1925 and old chemical weapons which were produced between 1925 and 1946.

5.3 Working Group B requested the Chairman of the Expert Group on Old and Abandoned Chemical Weapons to conduct informal consultations with interested delegations and requested the Expert Group to continue its work during the next intersessional period.

6. Challenge Inspection

Working Group B received a summary of the meeting of the Expert Group on Challenge Inspection. The summary was presented by Mr. Andrea Perugini of Italy, the Chairman of the Expert Group.

7. Chemical Industry Issues

7.1 Working Group B received the Eighth Report of the Expert Group on Chemical Industry Issues (PC-X/B/WP.6 and Corr.1). The Report was presented by Mr. Adam Noble of the United Kingdom of Great Britain and Northern Ireland, the Chairman of the Expert Group.

7.2 Working Group B requested the Legal Adviser to provide an opinion on the respective legal status of model agreements and of facility agreements, for consideration by the Expert Group on Chemical Industry Issues at its next meeting.

8. Safety Procedures

8.1 Working Group B received the Fourth Report of the Expert Group on Safety Procedures (PC-X/B/WP.8). The Report was presented by Dr. Robert Mikulak on behalf of Mr. Ray Fatz of the United States of America, the Chairman of the Expert Group.

8.2 Working Group B invited Member States to:

(a) provide the Secretariat with written comments on the fourth draft of the OPCW Health and Safety Regulations by 7 April 1995;

(b) consider further the discussion recorded and the non-papers tabled at the meeting of the Task Force on Medical Treatment held from 6 - 10 February 1995 in relation to the pre-treatment, prophylaxis, diagnosis and therapy of chemical weapon poisoning and to exchange views on them at the next meeting of the Task Force on Medical treatment; and

(c) provide the Secretariat, on a voluntary basis, with additional material to allow the Task Force on Medical Treatment to finalise its work as detailed in tasks 1 and 4 of the priority tasks annexed to the Report of the Expert Group on Safety Procedures (PC-X/B/WP.8).

8.3 Working Group B requested the Secretariat to:

(a) prepare a fifth draft of the OPCW Health and Safety Regulations based on comments received from Member States and to distribute it in advance of the next meeting of the Expert Group on Safety Procedures;

(b) prepare a format for the presentation of the material concerning the pre-treatment, prophylaxis, diagnosis and therapy of chemical weapon poisoning, allowing the description of clinical approaches for poisoning of different degrees of severity and phases of treatment at different stages of evacuation; and

(c) prepare the second draft of the "Operational Requirements and Technical Specifications for Medications and Equipment to be Used in the Chemical Weapons Casualty Treatment Kit" on the basis of comments received from Member States and to make it available to Member States in advance of the next meeting of the Task Force on Medical Treatment.

9. Training

9.1 Working Group B received the Seventh Report of the Expert Group on Training (PC-X/B/WP.12 and Corr.1 and Add.1). The Report was presented by Mr. Hamid Baidi-Nejad on behalf of Mr. Behnam Behrooz of the Islamic Republic of Iran, the Chairman of the Expert Group.

9.2 Working Group B requested the Secretariat to:

(a) prepare new drafts, taking into account the views expressed by delegations during the meeting of the Expert Group on Training, of the Inspector Trainee Evaluation (Module 1) and the Inspector Trainee Evaluation (Module 2) papers, and to distribute the revised papers to Member States no later than three weeks before the next scheduled meeting of the same Expert Group;

(b) forward the Secretariat's discussion papers identified in subparagraphs 1.4(c)-(e) of PC-X/B/WP.12 to the Expert Group on Programme of Work and Budget, requesting the communication of the comments of that Expert Group to the Expert Group on Training prior to its next scheduled meeting;

(c) provide each candidate selected for training prior to the start of the Module 1 course with a set of self-help reading materials;

(d) develop the following plans to host a number of training course workshops:

(i) an M1 training course workshop, in order to harmonise the course content of the M1 training course offers;

(ii) an M2 training course workshop modifying, where appropriate, the course content of selected M2 courses to better meet the qualifications of the trainees and the needs of the Secretariat for well-trained inspectors/inspection assistants; and

(iii) a GTS workshop for all student evaluators in order to harmonise student evaluation criteria on the basis of the concerns expressed by this Expert Group about the objectivity and fairness of student performance evaluation procedures during the training period;

(e) prepare the revision of the draft Letter of Appointment for Inspectorate Trainees and to send it to those delegations represented at the most recent meeting of the Expert Group on Training along with a draft of the Contractual Agreement with Training Centres;

(f) consolidate the comments provided by Member States on the contents of the two documents referenced in subparagraph 9.2(e) above by 7 April 1995, and to provide a revised draft of both documents to Member States no later than three weeks before the next scheduled meeting of this Expert Group; and

(g) develop plans to make up all M2 and M3 shortages no later than three weeks before the next scheduled meeting of the Expert Group on Training. These plans should include detailed analysis of any budgetary implications.

9.3 Working Group B recommended that the Commission approve a final deadline of 6 May 1995 for the submission of formal offers of M2 and M3 training, to include the submission to the Secretariat of the complete certification information packages and details on reimbursement costs, if any.

9.4 Working Group B expressed the wish that the process of certification of national offers be completed as soon as possible. It requested the Secretariat to make its best efforts to bring this process to an early conclusion by 5 May 1995.

9.5 Working Group B approved the proposal of the Expert Group on Training that the revised Letter of Appointment of Inspectorate Trainees and Contractual Agreement with Training Centres be forwarded - after approval by the same Expert Group - through the Chairman of Working Group A for consideration by the Expert Group on Administrative, Financial and Personnel Matters.

9.6 Working Group B endorsed the conclusions of the Expert Group on Training regarding a redistribution of funds within the approved training budget to extend the trainee salary payment period from 20 to 23 weeks, and forwarded the recommendation contained in this subparagraph to the Expert Group on Programme of Work and Budget for consideration.

9.7 Working Group B recommended to the Chairman of Working Group A that the Expert Group on Training be authorised to seek comments and advice directly from the Expert Group on Programme of Work and Budget on all issues affecting the training budget.

10. Technical Cooperation and Assistance

10.1 Working Group B received the Seventh Report of the Expert Group on Technical Cooperation and Assistance (PC-X/B/WP.13). The Report was presented by Mr. S. Chakravarti of India, the Chairman of the Expert Group.

10.2 Working Group B tasked the Secretariat to undertake the activities outlined in subparagraph 2.4 of PC-X/B/WP.13 regarding the establishment of a library to facilitate the exchange of information relating to economic and technological development in the field of chemicals.

10.3 Working Group B requested the Secretariat to forward the activities referred to in subparagraph 10.2 above to the Expert Group on Programme of Work and Budget for consideration within the context of the 1996 Budget.

10.4 Working Group B encouraged Member States to provide documents for the data bank on protection as requested in the Note by the Executive Secretary (PC-VI/B/3) as soon as possible.

10.5 Working Group B requested the Secretariat to seek information from Member States that could assist in the development of a multi-lingual thesaurus for the database to index the data bank on protection.

10.6 Working Group B approved the use of Micro-ISIS as the information storage and retrieval system to be used for the database to index the data bank on protection against chemical weapons and the development of a thesaurus.

10.7 Working Group B requested the Expert Group on Chemical Industry Issues to include an item in the agenda of any meeting it may convene with industry representatives, on the most useful categories of information to be included in a library to facilitate the exchange of information relating to economic and technological development in the field of chemistry.

10.8 Working Group B requested the Expert Group on Data Systems, through Working Group A, to consider whether the use by the OPCW of a single information storage and retrieval system for databases would be feasible and, if so, cost-effective.

11. Chemical Weapons Issues

11.1 Working Group B received the Fourth Report of the Expert Group on Chemical Weapons Issues (PC-X/B/WP.15). The Report was presented by Mr. Sylwin Gizowski of Poland, the Chairman of the Expert Group, Lt Col. Patrick Dewez of France, the Friend of the Chair for chemical weapons destruction facilities and Mr. Adam Noble on behalf of Dr. Graham Cooper of the United Kingdom of Great Britain and Northern Ireland, the Friend of the Chair for chemical weapons production facilities.

11.2 Working Group B requested the Secretariat:

(a) in cooperation with the Friend of the Chair on CWDF issues and in consultation with interested delegations, to develop a "rolling text" for a model facility agreement for a CWDF and to make it available to delegations approximately three weeks prior the next meeting of the Group; and

(b) in consultation with interested delegations, to produce a revised version of those sections of the Declaration Handbook concerned with CWSFs and CWDFs for discussion at the next meeting of the Group.

11.3 Working Group B requested the Friend of the Chair on CWPF issues to hold consultations to produce a discussion paper on the concept of "levelling out" for the Group's next meeting.

12. Proposed plan of activities for meetings under Working Group B for the period April - July 1995

Working Group B amended and approved the plan of activities and the listing of documents for meetings under the purview of Working Group B as contained in the "Draft Plan of Activities of the Expert Groups and Task Forces under Working Groups A and B and of the Committee on Relations with the Host Country as well as the Draft Schedule of Meetings for the Period April 1995 - July 1995" (PC-X/CRP.2), and referred the amended plan of activities and listing of documents to the Commission for approval.

13. Any other business

Recommendation of Working Group A

13.1 In the light of the Commission's overall assumptions with regard to EIF, Working Group B noted Working Group A's request, in the context of its concern that achievement of a fully functional information management system would not be possible until April 1996 and that all possible measures be taken to prevent further delays, that Working Group B should take cognisance of the conclusion contained in subparagraph 3.3 of PC-X/A/WP.6 concerning the need to identify a possible intermediate state of readiness for the IMS in the event of EIF occurring earlier than April 1996.

Meeting with industry

13.2 Working Group B recommended that the next combined meeting of the Expert Group on Chemical Industry Issues with representatives of chemical industry be held during the next intersessional period.

Relations with World Customs Organisation

13.3 Working Group B recommended that the Commission authorise the Secretariat to approach the WCO with the formal request to consider amendments to the HS codes to facilitate the tracking of exports/imports of scheduled chemicals through existing national customs controls.

14. Conclusion of meeting

The Report of Working Group B was adopted, and the meeting concluded at 13.15 on 6 April 1995.

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