Document number: PC-XIII/7
Document date: 14 March 1996
Original: ENGLISH
Corrigenda (Corr.1) has been inserted at the relevant places
Thirteenth Session (18 - 22 March 1996)
The current intersessional period has seen some important achievements - the completion of the legal documents relating to the construction and lease by the OPCW of a new purpose-built building on the Catsheuvel site, as well as of the Draft OPCW Financial Regulations and the Draft OPCW Health and Safety Regulations. Otherwise only modest progress has been registered in the various Expert Groups, and much remains to be done. Contact with nascent National Authorities in capitals and through regional seminars indicates that those involved in detailed preparations for the national implementation of the Convention have confirmed the urgent need to resolve outstanding questions relating to declarations and inspection procedures including model facility agreements, but this urgency does not seem to be feeding through to The Hague in the form of instructions to finish the job. The Executive Secretary hopes that the new timetable for the March to July intersessional period, with increased time for informal negotiation, will enable delegations to bring the outstanding issues to early conclusion so that the Commission can move effectively into the final stage of preparations for entry into force as soon as the sixty-fifth ratification is deposited.
Signatures and ratifications
2.1 During the period under review, no additional States signed the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction. The number of signatory States therefore stands at 160.
2.2 In the same period, four additional States deposited an instrument of ratification with the Secretary-General of the United Nations, as Depositary of the Convention: Italy (08-12-95), Côte d'Ivoire (18-12-95), Morocco (28-12-95), and the Czech Republic (06-03-96). Accordingly, the number of ratifications now stands at 48. The Executive Secretary has been informed by certain other Member States that their ratification process is nearly completed.
Clerical errors in the certified copy of the Convention
2.3 The procedure carried out to effect the clerical adjustments to the authentic text and certified copies of the Convention (PC-VI/7*/Add.1), which was undertaken by the Depositary pursuant to the Commission's request at its Eleventh Session (subparagraph 11.8 of PC-XI/17), has been completed. The corresponding Depositary Notification C.N.454.1995.TREATIES-12 was issued on 2 February 1996, transmitting the Procès-Verbal of Rectification of the Original of the Convention dated 31 December 1995. A copy of the Depositary Notification is contained in the Annex to PC-XIII/4.
Amendment to the Commission's Headquarters Agreement
2.4 Following the Commission's decision to propose to the Host Country the amendment of subparagraph 2(d) of Article 9 of the Commission's Headquarters Agreement (subparagraph 7.4 of PC-XII/17), and in accordance with Article 19 of the Headquarters Agreement, an Exchange of Notes was carried out between the Executive Secretary and the Netherlands Minister for Foreign Affairs. The amendment became effective on 12 February 1996. Copies of the Exchange of Notes are contained in the Annex to PC-XIII/3.
National implementing legislation and national editions of the Convention
2.5 Member States are reminded that, in accordance with Article VII, paragraph 1, of the Convention, the measures necessary to implement their obligations under the Convention must be adopted if they are to be in compliance with the Convention when it enters into force.
2.6 Of the 48 States which have ratified the Convention, only a small number have forwarded copies of their national implementing legislation to the Secretariat. A further appeal is made to those Member States which have ratified the Convention, or which are in the process of doing so, to forward to the Secretariat copies of their implementing legislation, in draft and in final form. The Secretariat is grateful for the copies received during this intersessional period, as well as for the national editions of the Convention published by Member States, which were added to the collection. Examination of examples of implementing legislation has been of considerable utility to Member States, as well as to the Legal Division when responding to requests for assistance with the drafting of legislation.
Courses for personnel of National Authorities
2.7 The Secretariat has started to organise two three-week courses for personnel of National Authorities, mainly from developing countries. The first course will be given from 15 April - 3 May 1996 in Gwalior, India, in cooperation with the Indian Defence Research and Development Establishment. The second course will take place just outside The Hague, the Netherlands, from 13 - 31 May 1996. The Secretariat also took part in presenting a one-day course in conjunction with the regional seminar in Vienna, Austria.
The Secretariat Website
2.8 The Secretariat has continued to maintain an experimental Website on the Internet to make information on the Convention, the Commission, and its work readily available, primarily to institutions of Member States involved in implementation efforts. A review group chaired by the Deputy Executive Secretary has been established to screen material before it is made available at the Website. The site, which can be reached under the Internet address: http://www.opcw.nl/ receives requests for material from a daily average of 300 visitors from all five regional groups.
Budget and planning
2.9 Staying within the 1996 Budget, which is nearly Dfl. 2,400,000 less than the 1995 Budget, constitutes the greatest financial challenge so far faced by the Secretariat. Higher than anticipated staff turnover and UN salary increases will have a negative impact on the Secretariat's ability to stay within the budgetary allocations for salaries and common staff costs. Continued delays in ratification will lead to a higher attrition rate for inspector candidates, which in turn may lead to unbudgeted recruitment costs. A number of IMS tasks originally targeted for completion in 1995 still await completion, due to initial problems with administrative software packages and to the time needed for the Expert Group on Data Systems to endorse the security study. In meeting this challenge, the Secretariat has been greatly assisted by the Commission's decision to carry forward most of the funds allocated in 1995 for the procurement of inspection and laboratory equipment and for the fit-up of the OPCW Laboratory and Equipment Store, as well as approximately Dfl. 600,000 of unspent IMS funds.
2.10 The Secretariat has already begun an austerity campaign in an effort to cope with the anticipated budgetary shortfalls, but may need to seek the approval of the Commission at its Fourteenth Session for adjustments to the Budget.
Inspection Logistics Workshop
3.1 The Inspection Logistics Workshop, which focused on logistical arrangements and support procedures to be provided by the States Parties to OPCW inspection teams, took place from 26 - 28 February. A full report of the workshop is contained in PC-XIII/B/4. The Executive Secretary would like to thank those Member States which contributed to the workshop by sharing their experience on planning for the receipt of inspections and the conduct of trial inspections in relation to the requirements of the Convention, as this was particularly beneficial to those participants who had little or no experience in this area.
3.2 Many participants expressed the view that the workshop had been very beneficial and that the Secretariat should seek ways to take the discussions further and to involve more Member States, and particularly officials from National Authorities. It was suggested that this might be achieved, for example, by holding a further workshop; by modifying the National Authorities' Training Course curriculum to allow more time to be devoted to the logistics of inspections; or by setting aside an appropriate amount of time for such discussions at regional seminars. The Executive Secretary has taken note of these suggestions and will explore ways of developing the exchange of information and ideas on the issue of inspection logistics.
Procurement of inspection and laboratory equipment
3.3 By 14 March, on the basis of tenders from 79 companies in 18 Member States, the Secretariat had completed its technical evaluation of 53 items on the list of equipment for training and evaluation contained in Table 3.8 of the Annex to PC-VIII/A/WP.7, 38 of which had been ordered. Orders are currently being placed for the remaining fifteen items. The total value of equipment ordered, including these fifteen items, is Dfl. 4.98 million.
3.4 The procurement of the laboratory equipment listed in the Attachment to Table 3.8 is also under way. Laboratory equipment to the value of Dfl. 679,000 has so far been ordered.
3.5 The total value of inspection and laboratory equipment ordered to date is thus Dfl. 5.66 million.
3.6 The estimated cost of the three items (X-ray, alleged use sample collection kit, and chemical dosimeters) for which no requests for tender were issued because of lack of approved technical specifications is Dfl. 174,000, including shipping and delivery. As the Executive Secretary has indicated in the past, it is also not practicable to procure at this time perishable items such as the first aid kit and the chemical casualty treatment kit, or items where technological progress is rapid, such as computers. Nonetheless, the Executive Secretary aims to complete the bulk of the procurement process by the middle of the year.
3.7 As in his Report to the Twelfth Session of the Commission (PC-XII/11), the Executive Secretary wishes once more to remind delegations that, as all tenders are processed in English, it would be appreciated if, together with supporting documentation, they were provided to the Secretariat either in English or with a certified English translation.
3.8 In his Note PC-XIII/B/2, the Executive Secretary requested Member States to assist the Secretariat with the evaluation of the following items of equipment on a cost-free basis: hand-held detector/monitor (HHD); infrared spectrometer (FTIR); gas chromatograph/mass spectrometer (GC/MS); neutron-induced prompt photon spectroscopy (NIPPS); ultrasonic pulse echo (UPE); and acoustic resonance spectrometer (ARS). The Executive Secretary wishes to thank the ten Member States which have expressed interest in assisting the Secretariat with the evaluation process, and advises the Commission that this process will commence shortly.
3.9 Following the Executive Secretary's request as contained in PC-XI/B/10, the Secretariat has now received 640 books of test paper packages, which were kindly donated by the Governments of Austria, Canada, France and the United Kingdom of Great Britain and Northern Ireland. The Executive Secretary is grateful to these governments for their donations.
The OPCW Laboratory and Equipment Store
3.10 The contracts to carry out the refurbishment of the Heulweg facility were signed on 14 and 15 December 1995. Some preliminary work to prepare the facility was carried out in late January, and the fit-up work started in earnest on 5 February. The work is progressing according to plan and is expected to be finished by the middle of the year.
Inter-laboratory proficiency testing
3.11 The First Official Inter-Laboratory Proficiency Test to be conducted by the Secretariat will start on 21 May. By 29 February, the cut-off date for notification, 27 laboratories from 25 Member States had notified the Secretariat that they wished to take part in the test. The list of participants is now closed.
3.12 The Secretariat has sponsored three trial tests, one in 1994 and two in 1995. On all three occasions the Secretariat was able to rely on the good offices of laboratories of Member States to make up the samples at no cost to the Commission. For the first official test in May, the NC Laboratory Spiez in Switzerland will prepare the samples and VERIFIN of Finland will conduct the evaluations, both at no cost to the Commission. The Secretariat has also been informed that the appropriate laboratory in the Republic of Korea is willing to prepare the samples for the second test, which is tentatively planned for September. The Executive Secretary is grateful to these laboratories and to the governments concerned for their assistance.
Conduct of inter-laboratory proficiency tests within existing budgetary limits
3.13 Since it first raised this issue last year, the Secretariat has received only a few oral comments from Member States. The Executive Secretary again requests those Member States with experience in this field to provide whatever support they can to the Secretariat in the area of sample preparation and evaluation of the test results. In the absence of further offers from Member States the Secretariat, given the constraints imposed by the 1996 Budget, will have no choice other than to seek full cost recovery from participating laboratories for the tests.
3.14 In order to avoid the persistence after EIF of this situation and its associated administrative complications, the Executive Secretary intends to request that adequate provision be made in the OPCW Budget to cover the cost of proficiency testing. After EIF, laboratories participating in proficiency tests would fall into two categories - those already designated and those seeking designation - and it will be necessary to consider further whether both types of laboratory should be treated in a similar fashion with regard to covering the cost of the proficiency tests.
Model agreement table-top exercise
3.15 Germany conducted a table-top exercise on the development of a model facility agreement for a Schedule 2 plant site in mid-January. The Secretariat participated in this exercise.
Training issues
3.16 Work continued on finalising the details of the training contracts with those Member States which have made formal offers of training. A visit to the United States of America in January 1996 resulted in tentative agreement on the details of the training agreement between the Secretariat and the appropriate US governmental authorities for Module 1, Module 2 and Module 3 training. A final draft of the proposed agreement should be completed by the US side and available to the Secretariat for review and approval in the near future. Secretariat staff plan to visit the other Member States offering training with the aim of finalising the terms of their respective training agreements by mid 1996.
3.17 Secretariat staff continue to develop contingency plans to provide the required training in the absence of a national offer or if an existing formal or pending offer of training should be withdrawn.
Contacts with the World Customs Organisation
3.18 In response to the Executive Secretary's proposal that the World Customs Organisation (WCO) consider amending the Harmonised Systems (HS) code to facilitate the monitoring of trade in the chemicals listed in the Schedules to the Convention, the WCO is continuing its deliberations on the possible issuance of a recommendation by its Council on national statistical subdivisions for this code. In this regard Secretariat staff attended the meeting of the WCO Scientific Sub-Committee held in Brussels on 24 January. It is expected that the WCO will complete its deliberations on the possible issuance of such a Council recommendation shortly.
3.19 In parallel with this, the WCO has initiated its formal process for amending the Annex to the International Convention on the Harmonised Commodity Description and Coding System. In accordance with WCO Council rules, the next amendment to this Annex may be effected by the year 2000. Secretariat staff attended the meeting of the WCO HS Review Committee held in February, and a WCO director subsequently visited the Secretariat to initiate the amendment process.
Declaration Handbook
3.20 Draft final versions of Sections A, B and C of the Declaration Handbook are planned to be issued during the Thirteenth Session of the Commission for consideration and for final adoption by the Expert Group on Chemical Industry Issues during the next intersessional period. These draft versions reflect comments by Member States on the Third Version of these sections, as well as lessons and experiences gained from the Trial Declaration Exercise on Communications (TDEC) and the Second Communications Workshop.
Support for national implementation activities
3.21 The Secretariat has recently been increasingly faced with requests to support various preparatory activities in Member States, such as national trial inspections, on a scale which was not envisaged when the 1996 Budget was approved. The Secretariat has neither the financial nor the human resources to satisfy all such requests. The Secretariat will, of course, attempt to provide Member States with as much assistance as possible, but this will have to be balanced against other commitments, such as servicing Expert Groups. It has now become clear, in the light of the Secretariat's re-examination of the 1996 Budget, that it will have to request Member States organising such important national or regional activities to contribute to financing the Secretariat's participation in them.
Inspection planning
3.22 As Phase II approaches, the Secretariat will become increasingly involved with initial inspection planning. The need for accurate information on the nature of the likely verification task in the first year after EIF is therefore becoming more acute. It is unfortunate that the number of Member States which have responded, on an informal basis, to the Executive Secretary's request for information on the number of declarable sites now stands at 33, with few additional offers of information since July 1995. The Executive Secretary would like to repeat his request for the provision of such information, now that National Authorities in Member States have surely been able to obtain more accurate data on the subject.
4.1 Annex 1 to this Report contains four appendices with information relating to the financial situation as of 31 January 1996: a statement of income and expenditure; a report on the status of payments by Member States of assessed contributions; the status of appropriations by programme; and the status of appropriations by main object of expenditure. Annexes 2, 3, and 4 contain statements on the status of funds as of 31 January 1996 for the Special Accounts for the Procurement of Inspection and Laboratory Equipment, Laboratory Fit-Up Costs, and for the Funding of the Information Management System Requirements respectively. Financial statements
4.2 The Executive Secretary wishes to advise Member States that the 1995 financial statements of the Commission and the Provident Fund will be completed and transmitted to the External Auditor by the end of March.
Recruitment-related issues
4.3 Mr. Shaukat Umer from Pakistan has taken up his appointment as Deputy Executive Secretary. Other appointees in the Professional and higher category were from Belgium, Ghana, Morocco, and the United States of America. A table depicting the professional staffing structure of the Secretariat as of 14 March 1996 is attached to this Report as Annex 5.
4.4 Since 15 December 1995 the Secretariat has recruited a total of 7 fixed-term staff members, increasing to 47 the number of nationalities represented at the Secretariat. Three of these appointments were for the replacement of persons who had resigned, and two of the seven positions were filled by people already working in the Secretariat. The total number of fixed-term Professional and higher category staff is currently 63, from 40 Member States.
4.5 Steps are being taken to fill eight Phase I positions (five at the professional level and three at the GS level). The five professional positions are those of Arabic Linguist (P-3), Procurement Officer (P-3), Building Officer (P-3), Legal Officer (P-3), and the Head of Registry and Document Management (P-2). The position of Language Coordinator (P-3) has been frozen until further notice.
4.6 For practical purposes, the position of Systems and Network Associate Officer has been brought forward from Phase II to Phase I, while the position of Information Security Officer has been moved from Phase I to Phase II.
4.7 Although short lists have been drawn up for two EIF minus 7 months posts - those of Senior Medical Officer and Senior Safety Officer - the Secretariat has decided to delay interviewing until the ratification process is clearer. The Secretariat is still receiving and screening applications for all Phase II positions. At this stage the Executive Secretary would like to draw the attention of the Commission to a recruitment issue which, in his judgement, merits early review. If the Secretariat is to get on board, not merely the 160 Group A trainees by EIF minus 6 months, but also the projected 59 Phase II Secretariat (and Inspectorate) staff members between EIF minus 7 and EIF minus 5 months, it will be necessary for serious recruitment work to start now.
4.8 The Executive Secretary is also of the view that, given that the reinforcement of units of the Secretariat involved with recruitment-related issues is limited to the provision of general temporary assistance, it would be helpful if such assistance were available for the period EIF minus 10 to EIF minus 4 months, rather than for the period EIF minus 6 months to EIF.
Training Group A candidates
4.9 The Executive Secretary has approved the final list of 158 trainees for this Training Group, as well as reserve lists for some categories as available. All interested Member States have been informed of the outcome of the selection process. Candidates from a total of 58 Member States have been selected for either the active or the reserve list. Regional distribution on the active list is as follows: Africa, 8.2%; Asia, 26.6%; Eastern Europe, 19%; Latin America and Caribbean, 8.2%; and WEOG, 38%. Of the 158 candidates on the active list, only 72 (46%) are from 30 Member States which have thus far ratified the Convention. All candidates, whether selected, on the reserve list, or declined, have been advised of their status by the Secretariat. Candidates listed as active by the Secretariat are currently undergoing medical examination by UN physicians. The Secretariat anticipates that it will be necessary to make a number of changes to the active list as a result of dropouts and the outcome of the medical examinations.
The broadening of the recruitment base for Training Group B inspector trainees
4.10 The Secretariat has actively developed a new, aggressive, industry-oriented recruitment strategy which it hopes will result in additional applications for Training Group B. In this regard, a note verbale was sent to all delegations informing them of the new recruitment campaign and requesting their help in obtaining information on relevant institutions to be contacted. Delegations have already responded positively to this request. The Executive Secretary wishes once again to thank Member States for their cooperation, which facilitated the expansion of our mailing list to more than 200 organisations considered appropriate for the distribution of vacancy notices.
4.11 So far 196 information packets have been sent out to relevant institutions in 53 countries. Meanwhile, a letter has been sent to all selected trainees asking them to identify potential candidates in their professional environment. The Internet network has also been used to disseminate recruitment-related information. To date, 20 potentially suitable applications have been received in response to these initiatives.
4.12 It is of great importance that Member States, particularly from those regions underrepresented in the list of trainees for Training Group A, continue to make every effort to target potential candidates.
Information management system (IMS)
4.13 The Secretariat has addressed a range of issues, beginning with the methodical assessment of integrated business applications to be implemented in the non-critical part of the IMS. The selection of the appropriate vendors for these applications will be finalised by the end of March, and the implementation of the applications will be completed by the end of 1996. Declaration- and verification-related business application projects in the critical part of the IMS have commenced, and will also be developed and implemented by the end of 1996. For IMS security implementation, it is planned to include non-critical and critical security measures which will be based on the guidelines stated in the security study. The Secretariat aims to fully implement security measures for the non-critical part of the IMS by the third quarter of 1996, whereas security measures for the critical part of the IMS will be implemented gradually, in conjunction with the phasing in of the OPCW security regime. IMS-related documentation and training have been customised to maximise the usage of the applications already available to Secretariat staff. The Network and Systems Section is now integrally involved in the implementation of security guidelines. It has provided Secretariat staff with continuous service, and has in particular enhanced efficiency through appropriate upgrades of software tools. The Registry and Document Management Section has redesigned the procedures for the registry and the physical archives. Automation of these procedures will be evaluated in mid 1996, and appropriate implementation will be completed by the end of 1996.
4.14 The Secretariat has expressed to the Expert Group on Data Systems its concern that the current IMS budgetary allocation, including that for fixed-term staff, will be insufficient to support the IMS. Contract staff have been hired to supplement the need, and additional fixed-term staff will be required if the goals defined for the IMS by the Commission are to be met.
Conference and language services
4.15 The Secretariat continued to provide the Commission with various services with regard to the distribution of documentation, as well as with translation and interpretation. Within the available resources, the Secretariat provided translations of practically all official documents. In January 1996 a new conference room, the Karel Appel Hall, was commissioned, thus making it possible for different organs of the Commission to convene parallel meetings. As already mentioned in the Executive Secretary's Report to the Twelfth Session, the Secretariat has been entrusted with the task of inputting and maintaining official documents of the Commission in its six languages in the official databases, most of which are available through Lotus Notes. The minimum requirements for gaining access have been outlined in the Note by the Executive Secretary (PC-III/7). If Member States are experiencing difficulties in accessing the databases, or if they require assistance in this regard, they should contact the Secretariat.
4.16 During the next intersessional period the Secretariat plans to finalise the annual sets of documents of the Commission for 1995 and to make them available for distribution.
5.2 During the period under review the Executive Secretary also received the following important visitors in The Hague: from Italy, Minister Marco Sorace Maresca, Head of the National Authority; from Jamaica, Dr. the Hon. Kenneth Rattray QC, the Solicitor-General; from Japan, Mr. Kunio Nakajima, Deputy Director General of the Ministry of Trade and Industry; from the Russian Federation, Dr. Serguei Kisliak, Director of the Arms Control and Disarmament Department of the Ministry of Foreign Affairs; and from the United States of America, Ambassador Ralph Earle, Deputy Director of the Arms Control and Disarmament Agency.
5.3 Senior officials of the Secretariat paid a number of official visits to signatory States to meet representatives of appropriate government authorities and/or the chemical industry to discuss issues of national implementation. These States included Belgium, Canada, Chile, Costa Rica, the Czech Republic, the Islamic Republic of Iran, Italy, Qatar, and the United States of America. Official visits were also made to the following countries, for the following purposes: to Algeria and Argentina, to support CWC-related workshops; to Belgium, to establish contacts with specialised media and non-governmental organisations based there; to Belgium, Poland, Switzerland, Thailand, and the United States of America, to participate in CWC-related seminars and meetings; to Bolivia, Brazil and Cuba, for recruitment; to India, to negotiate arrangements for a National Authorities Training Course; and to the United States of America, to finalise training agreements and for bilateral consultations.
National implementation
5.4 Two workshops on National Implementing Legislation of the Chemical Weapons Convention were held in Brussels on 16 February 1996. The workshops, which were organised by the Secretariat with the cooperation of the Harvard Sussex Program and the ACP House (a grouping of African, Caribbean and Pacific countries), were oriented towards Member States with no chemical weapons and a small and medium chemical industry. The first workshop was held at NATO Headquarters and was attended by representatives of three East European Member States. The second workshop was held at ACP House and was attended by 19 African Member States and 2 non-signatory States. In addition to delegations from Member States, representatives of the Harvard Sussex Program and SIPRI-Saskatchewan Frankfurt participated. The workshops were a useful exercise, not merely in terms of practical discussions, but also in the context of larger efforts being undertaken to assist those Member States with representations based in Brussels. Participants expressed the view that both workshops assisted the process of implementing the Convention by providing the practical information needed to prepare the required implementing legislation.
Regional seminar in Austria
5.5 In cooperation with the Government of the Republic of Austria a regional seminar on the Chemical Weapons Convention and its National Implementation was organised in Wiener Neustadt, Austria, from 6 - 8 March 1996. The seminar was hosted by the Government of Austria and was organised by the Austrian National Authority and the Federal Ministry of Economic Affairs, with the cooperation of the Secretariat. Twenty-four regional States participated in the event, together with a number of intergovernmental and non-governmental organisations. The primary aim of the seminar was to highlight the structure and tasks of National Authorities, the legal aspects of the work of National Authorities, and the responsibilities of the chemical industry. The keynote addresses were delivered by the Executive Secretary and the Austrian Minister of Economic Affairs. At the end of the seminar a demonstration inspection was held at a chemical plant in Linz. This demonstration of a routine inspection included an overview of all in-country activities including the pre- and post-inspection briefings, and a demonstration of key in-plant inspection activities. Seminar participants emphasised the importance of the role of National Authorities in the context of implementing the Convention and found the experience of the trial exercise particularly useful.
Committee on Relations with the Host Country
6.1 The problems in concluding the necessary legal documents associated with the new OPCW building (see subparagraph 1.10 of PC-XII/11), have now been resolved, and work on the construction of the building is expected to commence in a matter of weeks. The legal documents (Preliminary Tenancy Agreement, Development and Realisation Agreement and the associated Exchange of Letters between the Commission and the OPCW Foundation) are to be made available to delegations.
6.2 The new OPCW building is due to be completed 22 months after signature of the legal documents. In recognition of the anticipated entry into force of the Convention ahead of that time and of the need for interim accommodation to accommodate the enlarged organisation, in line with subparagraph 7.2 of PC-XII/HC/14, discussions with the landlord of Laan van Meerdervoort 70 have taken place, but have yet to be concluded. Urgent work is now in hand within the Secretariat to provide the Committee with the necessary financial information required for a decision on the appropriateness of a Tenancy Agreement for the lease of the premises at Laan van Meerdervoort 70.
Expert Group on Data Systems
6.3 The Expert Group on Data Systems met on 8 February 1996 and produced its Fourteenth Report (PC-XIII/A/WP.1). This Report concurred with the views and recommendations of the report of the Task Force on Data Systems, also dated 8 February 1996, which concluded that the security study represents a reliable basis both for the establishment of the security environment and for a definition of security measures for the different parts of the IMS, and also found that a final audit should ascertain that the implementation of the security study has been completed. The Group requested the Secretariat to provide its next meeting with a plan, which should take into consideration the security study, for establishing a "minimum" IMS by the end of 1996.
Finance Group
6.4 The Finance Group met from 13 - 16 February 1996 and produced the Report of its Ninth Meeting (PC-XIII/A/WP.2). The Group proposed changes to the draft OPCW Financial Rules on Procurement of Goods and Services, and recommended that the Secretariat continue work on them in light of its comments. The Group further considered a Secretariat discussion paper on "Possible Underfundings in Part I and II of the 1996 Budget which Require Commission Attention". The Group proposed options and some possible combinations of them for funding possible additional requirements, as proposed by the Secretariat, and provided detailed comments on specific funding requirements. The Group suggested that costs associated with the final post-EIF phase of the Commission's life might best be funded through a 1997 Budget. The Group also reviewed a Secretariat paper on inter- and intra-programme "Transfers of Funds" in the 1995 Commission Budget and found that the transfers were made in accordance with the requirements of Financial Regulation 4.5.
Administrative, Financial and Personnel Matters
6.5 The Expert Group on Administrative, Financial and Personnel Matters met twice, from 22 - 24 January and on 20 February 1996, and produced its Third and Fourth Reports (PC-XIII/A/3 and PC-XIII/A/WP.3 respectively). During these meetings, the Group: (a) finalised its consideration of the draft Letter of Appointment for Inspector Trainees and the draft Secrecy Agreement and forwarded the final version of each document to the Executive Secretary for use; (b) finalised its consideration of the draft OPCW Financial Regulations and forwarded the final version (PC-XIII/A/2) to the Commission for consideration; and (c) found the proposed amendments to Commission Staff Rule 3.4.02(a) to be consistent with the relevant Staff Regulations and forwarded them to the Commission for concurrence. The Group discussed the bilateral arrangements between the Commission and Member States providing facilities for conducting the General Training Scheme for Inspectorate Training and recommended that Working Group A request the Commission to authorise the Executive Secretary to conclude such arrangements on behalf of the Commission. The Group also discussed: (a) the top structure of the OPCW; (b) basic OPCW staff policy; (c) privileges and immunities of experts in the context of investigations of alleged use; and (d) the draft OPCW Financial Rules for the Procurement of Goods and Services, and decided to return to these issues at future meetings. It also decided to resume consideration of the draft OPCW Staff Regulations at its next meeting and considered a proposed amendment to Rule 6.5 of the Administrative Rules of the Provident Fund.
Expert Group on Programme of Work and Budget
6.6 The Expert Group on Programme of Work and Budget met from 21 - 22 February 1996, but was unable to agree on a Report. The Group discussed, inter alia, the following issues: a Secretariat discussion paper on "Possible Underfundings in Parts I and II of the 1996 Budget which Require Commission Attention", together with the related comments of the Finance Group as contained in paragraph 5 of PC-XIII/A/WP.2; potential shortfalls in Parts I and II of the 1996 Budget; the Chairman's non-paper on the "Methodology and Assumptions for the First OPCW Budget"; the 1997 Budget of the Commission; proposed reductions in previously planned expenditure; and the setting of priorities for expenditure within the overall context of the proposed reductions.
OPCW Headquarters Agreement
6.7 The Secretariat continued consultations on the draft OPCW Headquarters Agreement with representatives of the Host Country and with interested delegations, taking account of comments made during meetings of the Expert Group on the OPCW Headquarters Agreement in the previous intersessional period. In accordance with the request of the Expert Group at its last meeting (PC-XII/A/WP.5), the results of these consultations will be reported back to the Group at its first meeting in the next intersessional period.
Old and Abandoned Chemical Weapons
6.8 The Expert Group on Old and Abandoned Chemical Weapons met on 17 January 1996. Despite extensive informal consultations undertaken with interested delegations by the Chairman of the Group in advance of this meeting, it did not prove possible to record any progress on the outstanding issues in this area. The Group was unable to produce a Report.
Chemical Weapons Issues
6.9 The Expert Group on Chemical Weapons Issues met from 18 - 19 January 1996. While informal consultations produced some progress on the issues relating to CWPFs and are continuing on the issue of a model facility agreement for CWDFs, these small areas of progress have, however, yet to be formally endorsed by this Group. The Group did not produce a Report.
Safety Procedures
6.10 The Expert Group on Safety Procedures met on 1 February 1996 and produced its Eighth Report (PC-XIII/B/WP.2).
6.11 The Group has been able to finalise the Draft Health and Safety Regulations, after text was negotiated which strikes a balance between potential requirements for health and safety monitoring on inspection sites and protection of confidential information. Procedures were defined to govern the provision of information where the inspection team has health and safety concerns. As one of the possible options involved is the conduct of monitoring by the inspection team, the issue of the acquisition of health and safety monitoring equipment is still relevant. As some delegations are opposed to the inclusion of such equipment on the list of inspection equipment, alternative solutions must be found.
Technical Cooperation and Assistance
6.12 The Expert Group on Technical Cooperation and Assistance met on 9 February 1996 and produced its Tenth Report (PC-XIII/B/WP.3). The Group continued discussions on issues arising from Articles X and XI and related provisions. These issues still require further deliberations. Open-ended consultations on these issues took place on 5 March 1996.
6.13 At its February meeting the Group also discussed the Secretariat Internet site to assist, inter alia, National Authorities, concluded that the utility of the Website had been demonstrated, and approved Guidelines for the Website.
6.14 The Group further discussed the end-user survey and concluded that it would be worthwhile to begin, on an experimental basis for the duration of 1996, an information service (library), which would cover fields such as "Dangerous properties of chemicals", "Producers and suppliers of chemicals", and "Producers and suppliers of technology and/or equipment for the production, processing and handling of chemicals". The information should be drawn from commercial and other publicly available data sources. Requests for information should be sent directly to the Secretariat, whenever possible. Responses to requests could be either information on the subject available to the Secretariat or referral to an outside information source.
Challenge Inspection
6.15 The Expert Group on Challenge Inspection met from 14 - 15 February 1996 and produced its Sixth Report (PC-XIII/B/WP.4).
6.16 The Group has developed and agreed on an "Illustrative List of Objective Indicators to Facilitate the Executive Council in Addressing Any Concern, in Accordance with Paragraph 22 of Article IX, Whether the Right to Request a Challenge Inspection has been Abused". The Group also addressed the possible cost implications of abuse of the right to request a challenge inspection.
Inspection Procedures
6.17 The Expert Group on Inspection Procedures met on 12, 13 and 16 February 1996 and produced its Eleventh Report (PC-XIII/B/WP.5).
6.18 The Group continued to make steady progress in resolving the list of issues assigned to it. In particular, the Group adopted the document entitled "Criteria for the Conduct of OPCW/PTS Proficiency Testing". A number of key issues on its agenda still, however, remain to be resolved.
Chemical Industry Issues
6.19 The Expert Group on Chemical Industry Issues met from 29 - 31 January and again on 23 February 1996 and produced its Tenth Report (PC-XIII/B/WP.6).
6.20 The Group made some progress on the development of a Model Agreement for Schedule 2 Plant Sites. However, substantive differences on some key issues continued to block the Group from finalising its work, which will have to continue during the next intersessional period. The Group tasked the Secretariat to prepare an initial draft Model Agreement for Schedule 1 Facilities for consideration by the Group during the next intersessional period.
6.21 The Group discussed the issue of low concentrations on the basis of the paper prepared by the Secretariat. There appears to be general consensus that the basis for setting declaration limits for low concentrations of Schedule 2 and Schedule 3 chemicals in mixtures should be referenced to weight percent concentrations of the scheduled chemicals. At present there is, however, no consensus about the numerical percentages to be applied.
Annexes available in paper form from the PTS