PC-X/HC/6

Preparatory Commission for the	PC-X/HC/6
Organisation for the Prohibition	15 March 1995
of Chemical Weapons	Original: ENGLISH

Tenth Session

(3 - 7 April 1995)

REPORT OF THE COMMITTEE ON RELATIONS WITH THE HOST COUNTRY

1. Introduction

1.1 During the current intersessional period the Committee on Relations with the Host Country held five meetings, with the first on 16 January and the most recent on 9 March 1995. During these meetings, the Committee focused its attention on issues related to the accommodation of the Commission/OPCW and specifically the tasks set out in Part II of Annex 2 to PC-IX/11.

1.2 Mr. A. Hernández, Deputy Head of the Mexican delegation to the Commission, acted as Chairman of the Committee on behalf of Ambassador M. Marín Bosch, then Chairman of the Commission, until 17 February 1995. Mr. K. Paus, Acting Head of the Norwegian delegation to the Commission, subsequently chaired the Committee on behalf of the current Chairman of the Commission, Ambassador F.K. Fostervoll of Norway.

1.3 The Committee agreed not to call for interpretation for its meetings, but recognised that this should not be construed as a precedent for further meetings.

1.4 The substantive issues addressed by the Committee are described in paragraphs 2 to 9 of this Report.

2. Decision on long-term accommodation for the OPCW

At its meeting on 16 January 1995, the Committee was advised by the Chairman that no objection had been deposited with the Executive Secretary, in accordance with subparagraph 9.2(b) of PC-IX/11, concerning the decision ad referendum on long-term accommodation for the OPCW, which was adopted in accordance with the silence procedure as proposed by the Chairman of the Commission (letter attached to PC-IX/HC/6).

3. Understandings between the Host Country and the Preparatory Commission for the OPCW

The Committee assisted the Chairman and the Executive Secretary with the preparation of the letter to be forwarded to the Minister for Foreign Affairs of the Host Country, in line with subparagraph 9.3(b) of PC-IX/11. The letter (Annex 1 to this Report), incorporating the Understandings between the Host Country and the Preparatory Commission for the OPCW concerning the Implementation of Paragraphs 6, 7, 9 and 11 of Annex 3 of the Paris Resolution, was forwarded to the Minister on 31 January 1995. The response of the Minister (Annex 2 to this Report) was received at the meeting of the Committee on 9 March 1995.

4. Draft Preliminary Tenancy Agreement and the draft Development Agreement

At its Ninth Session (PC-IX/11), the Commission authorised the Executive Secretary to prepare a draft Preliminary Tenancy Agreement for consideration and approval by the Committee. The Committee received a Report by the Legal Adviser on the Draft of the Preliminary Tenancy Agreement for the New OPCW Purpose-Built Office Building (PC-X/HC/5).

5. OPCW Building Steering Group

5.1 As required by PC-IX/11, subparagraph 9.3(f), the Executive Secretary advised the Committee on the creation and work of a Building Steering Group (the Group). The Committee noted that the Group comprised representatives drawn from the Secretariat, the developer and the OPCW Foundation, and the Group was tasked with refining the initial drawings of the building prepared by the architect to best meet the functional requirements of the OPCW. The Committee welcomed the invitation of the Executive Secretary to be represented at meetings of the Group.

5.2 The Committee noted that the work of the Group on the design phase of the building would be concluded at the end of March 1995 and that revised drawings/plans of the building would be provided and briefed to the Committee in late April 1995.

6. Conference Facilities Steering Group

The Committee heard from the Executive Secretary that a Steering Group (comprising representatives of the Secretariat, the Netherlands Congress Centre (NCC), and the Host Country) had been created to determine the requirements for the adaptation and the rental of the Staten Hall and/or Prins Willem Alexander Hall for meetings of the Conference of the States Parties. The Committee noted the tasking of the Commission (PC-IX/11, subparagraph 9.3(d)) and the need to circulate a draft decision in all languages to all Member States, and requested the Executive Secretary to encourage the Group to conclude its work in order for the Committee to satisfy its mandate in time for a draft decision to be distributed in all languages, three weeks in advance of the Eleventh Session of the Commission (24 - 28 July 1995).

7. Car-parking spaces at the NCC

The Committee noted that, pending resolution of a number of issues related to the proposed linkage of the NCC car-park to the future OPCW building, the Executive Secretary, together with the Chairman, had delayed the exchange of letters of intent for the rental of up to 165 car-parking spaces within the NCC, B-garage (PC-IX/11, subparagraph 9.3(e)). The Committee was advised that all issues pertaining to the car-park had now been clarified and that it was the intention for the exchange of letters to be actioned soonest. The Committee requested the Executive Secretary to report on this matter at its next meeting.

8. Consultancy - continuing role of Starke Diekstra

The Committee identified the need for the consultancy to be opened to tender. The views of the Committee were expressed in a letter signed by the Chairman and the Executive Secretary to the Director of the OPCW Foundation (Annex 3 to this Report).

9. OPCW Laboratory and Equipment Store

9.1 The Committee noted that the negotiations with the landlord of the facility at Heulweg 28-30, Rijswijk, had been concluded satisfactorily and at its meeting on 17 February 1995 endorsed the Tenancy Agreement signed on 23 December 1994 by the Executive Secretary and the owner of the site, Holding Euro-Air Nederland B.V., thereby bringing the Agreement into force (PC-X/HC/4).

9.2 The Committee noted with satisfaction that work was now underway at the facility to prepare it for occupation by the OPCW and for its use as the Laboratory and Equipment Store. The Committee requested the Executive Secretary to continue to advise it on progress in the preparation of the facility.

10. Conclusion - accommodation of the Commission/OPCW

The Committee recognised that, notwithstanding progress having been made towards fulfilling the tasks set by the Commission (cf. subparagraph 1.1 above), there remained a number of important issues, including the conclusion of work on the Preliminary Tenancy Agreement for the OPCW Building and the continued monitoring of accommodation suitable for use as interim accommodation, which required future work by the Committee in order for it to provide the Commission at its Eleventh Session with all relevant information pertaining to accommodation issues.

Annex 1

LETTER FROM THE CHAIRMAN AND THE EXECUTIVE SECRETARY OF THE PREPARATORY COMMISSION FOR THE OPCW, DATED 31 JANUARY 1995, ADDRESSED TO THE MINISTER FOR FOREIGN AFFAIRS OF

THE NETHERLANDS

Your Excellency,

In reference to your esteemed letter of 26 October 1994, we are pleased to inform you that last December the Preparatory Commission for the OPCW approved the attached 'Understandings between the Preparatory Commission for the OPCW and the Host Country concerning the implementation of paragraphs 6, 7, 9 and 11 of Annex 3 of the Paris Resolution', as contained in Annex 1 to the Report of the Commission at its Ninth Session, document PC-IX/11, dated 9 December 1994.

These Understandings represent the consensus reached with the active participation of the OPCW Foundation, representing the Kingdom of The Netherlands and the Municipality of The Hague, on the comprehensive package proposed by your Government in relation to the OPCW Building project and certain financial aspects of the Netherlands Bid.

During the negotiations on the Understandings, the OPCW Foundation provided assurances indicating that after the implementation of the Netherlands Bid if any unexpended funds remain in the budget allocated by the Government of the Kingdom of The Netherlands, to assist in the establishment of the Preparatory Commission and the OPCW, these funds will be used for the OPCW in close consultation between the OPCW and the Host Country.

Likewise, we trust that the Government of the Kingdom of The Netherlands will continue to make its good offices available, to the fullest extent possible, to facilitate all matters related to the accommodation of the Preparatory Commission and the OPCW.

We would very much appreciate your confirmation of the Understandings and of the assurances regarding the aforementioned surplus funds, as a firm basis on which to proceed with building design development and financial agreements related to development and construction of the new OPCW purpose-built office building.

We would like to convey to you our high regard for your valued contribution towards facilitating the tasks of the Preparatory Commission and for the establishment of the OPCW.

Accept, Your Excellency, the renewed assurances of our highest consideration.

[signed] [signed]

Miguel Marin-Bosch Ian R. Kenyon

Chairman Executive Secretary

Annex 2

LETTER FROM THE MINISTER FOR FOREIGN AFFAIRS OF THE NETHERLANDS, DATED 9 MARCH 1995, ADDRESSED TO THE CHAIRMAN AND THE EXECUTIVE SECRETARY OF THE PREPARATORY COMMISSION FOR THE OPCW

Chairman and Executive Secretary,

Reference is made to the esteemed letter of 31 January 1995, regarding the "Understandings between the Preparatory Commission for the OPCW and the Host Country concerning the implementation of paragraphs 6, 7, 9 and 11 of Annex 3 of the Paris Resolution", as contained in Annex 1 to the Report of the Commission at its Ninth Session, document PC-IX/11 dated 9 December 1994.

It is my pleasure to recall that the Netherlands as well as the other member states of the Preparatory Commission, did give their approval to the Understandings through a "silence procedure". I welcome the Understandings as the basis for the future action of the Commission and the Host Country in this domain.

The OPCW foundation confirmed to me the assurances that if, after the implementation of the Netherlands Bid, any unexpended funds remain in the budget of the Foundation; these will be used for the OPCW in close consultation between the OPCW and the Host Country.

It is good to note that these positive developments have occurred in the preparation for the permanent accommodation of the OPCW.

I hope that "the Understandings" will be honoured in a constructive cooperation between all parties concerned.

THE MINISTER FOR FOREIGN AFFAIRS,

[signed]

Annex 3

LETTER FROM THE CHAIRMAN AND THE EXECUTIVE SECRETARY OF THE PREPARATORY COMMISSION FOR THE OPCW, DATED

2 MARCH 1995, ADDRESSED TO THE MANAGING DIRECTOR OF THE OPCW FOUNDATION

We write to you on the matter of the consultancy required to act in our joint capacity during the development of the OPCW Building.

As you are aware, for some time now Delegations attending the Committee on Relations with the Host Country (the Committee) have expressed the need for the consultancy currently provided by Starke Diekstra - to be opened to tender. This need recognises that the OPCW will ultimately pay a portion of the fees (currently estimated at Dfl. 1.5 million) of the consultancy through rental payments. It also reflects some dissatisfaction with the work of Starke Diekstra in the preparation in 1994 of the evaluation of the 3 bids and the need to ensure that the best advice/assistance is obtained at the best possible price. Further, it is considered that the appointment of a consultant by following a tender-process, is in line with the often stated need for transparency in the development and realisation of the future OPCW Building. That said, it is recognised by the Committee that Starke Diekstra must not be excluded from the tender-process and from meanwhile continuing their work on the project.

In your Discussion Paper dated 9 June 1994, produced in consultation with 'the Friends', you indicated that a discussion on the need for consultancy during the construction phase might be better postponed till the end of the design phase (April 1995). The Committee, through the Chairman, recognising that the tender-process will take some weeks to conclude, and for the reasons previously stated, now seek your early agreement to enter into discussion with other possible consultants and to commence the tender-process at the earliest opportunity in order to ensure the selected consultant (if not Starke Diekstra) can assume the responsibilities no later than the commencement of the construction phase. The staff of the Secretariat of course stand by to assist you as necessary.

Finally, it is known that this topic will be discussed at the meeting of the Friends of the Chair on 3 March 1995. It would be most welcome if you could indicate at that meeting your agreement to set the tender-process for the consultancy in motion.

[signed] [signed]

K. Paus Ian R. Kenyon

(Chairman) (Executive Secretary)

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