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Preparatory Commission for the Organisation for the Prohibition of Chemical Weapons

Document number: PC-XIII/B/WP.4
Document date: 15 February 1996
Original: ENGLISH
Corrigenda () have been inserted at the relevant places!

Thirteenth Session (18 - 22 March 1996)

EXPERT GROUP ON CHALLENGE INSPECTION

SIXTH REPORT

1. Introduction

1.1 In accordance with the Plan of Activities and Schedule of Meetings annexed to the Report of the Twelfth Session of the Commission (PC-XII/17), the Expert Group on Challenge Inspection held its sixth meeting in The Hague from 14 - 15 February 1996 to continue its consideration of outstanding issues relating to Article IX.

1.2 Mr. Andrea Perugini of Italy continued as Chairman of the Group. Mr. Ian Mundell of Canada assisted the Chairman as Friend of the Chair.

1.3 The work of the Group was facilitated by a Chairman's discussion paper entitled "Challenge Inspection: Issues Relating to Possible Abuse of the Right to Request a Challenge Inspection", and by non-papers introduced by the delegations of China, Israel and the Russian Federation. All of these papers are available from the Secretariat on request.

2. Work of the Group

2.1 On the basis of a text prepared by the Friend of the Chair, the Group addressed in detail one of its tasks contained in the Annex to PC-XII/17: "develop any objective criteria for addressing the question of whether the right to request a challenge inspection has been abused and cost aspects in case of abuse".

2.2 The Group 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" (Annex to this Report).

3. Other issues

3.1 In relation to cost aspects in case of abuse, the Group recalled that the Executive Council, in accordance with paragraph 23 of Article IX, also bearing in mind paragraph 36 of Article VIII, shall examine whether and to what extent the requesting State Party should bear any of the financial implications of the challenge inspection.

3.2 Several delegations stressed the importance of addressing the issue of possible misconduct by an inspection team. This issue was recognised to be distinct from the issue of abuse of the right to request a challenge inspection. The Group also recognised that the issue of inspection team conduct, while having some aspects particular to challenge inspection, reaches well beyond challenge inspection and should be addressed in a wider context.

4. Recommendations

The Group recommended that Working Group B:

    (a) take note of this Report and consider and approve its Annex; (b) allocate adequate time for this Group during the next intersessional period to address the remaining outstanding tasks embodied in the mandate given by the Commission; and (c) consider as appropriate the issue identified in subparagraph 3.2 above.

Annex

ILLUSTRATIVE LIST OF OBJECTIVE INDICATORS[1] 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

Paragraph 22 of Article IX authorises the Executive Council, as part of its review of the final report of the inspection team, to address any concerns as to "whether the right to request a Challenge Inspection had been abused." Such concerns would not arise in the event of an Executive Council conclusion in accordance with paragraph 23 of Article IX that concerns about possible non-compliance necessitated further action to redress the situation and to ensure compliance with the Convention. In addressing any such concerns, one or more of the following objective indicators are for the Executive Council to take into consideration when relevant. This list is not intended to be comprehensive or prescriptive.

    (a) The result, if any, of the Executive Council having addressed, in accordance with paragraph 22 (b) of Article IX, any concerns as to whether the request had been within the scope of the Convention.

    (b) Information relating to the inspected site available prior to the inspection request (the authenticity and reliability of any information would need to be carefully assessed).

    (c) Whether any of the information submitted as part of the inspection request, was shown to be false.

    (d) The results, if available, of any efforts by the requesting State Party to seek to clarify or resolve any doubts concerning compliance, if that State Party elected to exercise its options in accordance with paragraphs 1 through 7 of Article IX.

    (e) Whether the conduct of the observer, if any, named by the requesting State Party in accordance with the provisions of paragraph 12 of Article IX, was cause for concern, including on matters relating to confidentiality (e.g. as reflected or assessed in any comments in the preliminary or final inspection report).

    (f) Whether challenge inspection requests, not resulting in Executive Council conclusions in accordance with paragraph 23 of Article IX on a need for further action to redress a compliance concern, had previously been made by the same requesting State Party vis-à-vis the same inspected site, and if so, their number and frequency.

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FOOTNOTE

1 It is understood that these indicators may also, where relevant, facilitate any decision-making by the Executive Council under paragraph 17 of Article IX.