Document number: PC-XIV/9
Document date: 16 July 1996
Original: ENGLISH
Corrigenda () have been inserted at the relevant places!
Fourteenth Session
(22 - 26 July 1996)
THE INTERSESSIONAL PERIOD
15 March to 16 July 1996
1. OVERVIEW
The recent rate of deposit of instruments of ratification and the consequent proximity of the 65th such deposit create a new situation in the work of the Commission. In anticipation of the trigger point the Executive Secretary sent a Note to Member States (PC-XIV/5) recommending that the Commission take certain decisions to facilitate the transition to Phase II and the smooth entry into force of the Convention. The issues raised in this Note are the subject of active consultations currently being conducted by the Chairman of the Commission. The Executive Secretary wishes to emphasise that, in addition to the draft decisions outlined in that Note, much work remains to be done, in particular, to resolve outstanding issues. He expresses the hope that delegations will display sufficient flexibility and willingness to compromise to enable the Commission successfully to complete its tasks as set out in the Convention and the Paris Resolution.
2. GENERAL AND LEGAL ISSUES
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, nine additional States deposited an instrument of ratification with the Secretary-General of the United Nations, as Depositary of the Convention: Papua New Guinea (17-04-96), Ethiopia (13-05-96), the United Kingdom of Great Britain and Northern Ireland (13-05-96), Costa Rica (31-05-96), Ireland (24-06-96), Moldova (8-7-96), Belarus (11-7-96), Chile (12-7-96), and New Zealand (15-7-96). Accordingly, the number of ratifications now stands at 58. Only 7 ratifications are required to bring the Convention into force. The Executive Secretary welcomes the new ratifications and notes that they include the second ratification deposited by a Permanent Member of the United Nations Security Council. Although the two declared chemical weapons possessor States are still missing from among the ratifying States, it is, however, assumed that both will be States Parties at the time of entry into force.
National implementing legislation and national editions of the Convention
2.3 Member States are again reminded that, under Article VII, each State Party is required, in accordance with its constitutional processes, to adopt the measures necessary to implement its obligations under the Convention. Normally, two steps are necessary at entry into force of the Convention for a State Party: (a) national implementing legislation must have been enacted or existing legislation must have been amended; and (b) the necessary complementary ordinances must have been promulgated by the executive branch under the authority granted in the primary legislation in order to ensure the timely presentation of declarations and the fulfilment of other tasks in accordance with the Convention. In the case of States Parties which have little or nothing to declare, in addition to the areas specified in the Note by the Executive Secretary entitled "Model National Implementing Legislation" (PC- XI/7/Rev.1), the following obligations will require legislative or administrative action from States Parties prior to or shortly after EIF: the preparation and submission of declarations under Articles III and VI and Parts VI, VII, VIII and IX of the Verification Annex; preparations for receiving inspections, including approval of the list of inspectors and conclusion of the bilateral agreement pursuant to Article VIII, paragraph 50; the issuing of multiple entry visas for inspectors; the provision of aircraft clearances; the designation of points of entry and exit; the supply of information about the national programme related to protective purposes; and a decision on the option for the provision of assistance under Article X.
Relations with the Host Country
2.4 The (Preliminary) Tenancy Agreement (PC-XIV/6) and the Development and Realisation Agreement (PC-XIV/7) for the new purpose-built OPCW office building were signed on 20 March 1996 at a ceremony attended by the Minister for Foreign Affairs, Mr. H.A.F.M.O. van Mierlo, and other representatives of the Host Country, as well as by the Chairman of the Commission, H.E. Mr. Sallehuddin Abdullah, delegations of Member States and officials of the Secretariat.
2.5 Following the signature of the relevant agreements for the OPCW building, an official ceremony symbolising the start of construction took place on 9 May. A team of representatives of signatory States drove the first pile for the OPCW building using a classical Dutch construction method. The ceremony was organised by Peace Building Catsheuvel B.V., and was attended by the following distinguished guests: the Secretary-General of the Ministry of Foreign Affairs of the Kingdom of the Netherlands, Mr. D.J. van den Berg, representing the Minister; the Chairman of the Commission, Ambassador Sallehuddin Abdullah of Malaysia; the Mayor of The Hague, Mr. A.J.E. Havermans; the Head of the Netherlands delegation to the Preparatory Commission, Mr. M. Kurpershoek; representatives of Peace Building Catsheuvel B.V., Mr. H. de Lint, and Mr. F. van der Weide; the Chairman and the Director of the OPCW Foundation, Mr. R. van de Laar and Mr. G. Hamming; and representatives of Kallmann, McKinnell and Wood Architects Inc. Other senior officials of the Ministry of Foreign Affairs of the Kingdom of the Netherlands, as well as government officials and dignitaries from the City of The Hague, and representatives of Member States also attended.
2.6 The growing number of ratifications of the Convention now indicates the need for high priority to be afforded to the selection and preparation of interim accommodation additional to that at Laan van Meerdervoort 51, to house the enlarged Secretariat following the deposit of the 65th instrument of ratification. The decision of the Commission, taken at its Thirteenth Session, to delegate to the Committee on Relations with the Host Country its authority to expend the funds from Part II of the Budget of the Commission for the rental and maintenance of interim premises will undoubtedly assist the process of identifying and providing the necessary accommodation (subparagraph 9.6 of PC-XIII/18).
2.7 Work on the construction of the OPCW building is progressing well, with January 1998 remaining the target date for completion.
Implementation of the Headquarters Agreement
2.8 The Secretariat continued its regular and structured contacts with the Ministry of Foreign Affairs of the Host Country to ensure the smooth implementation of the Headquarters Agreement signed between the Commission and the Government of the Netherlands. These contacts related to the privileges and immunities of delegations accredited to the Commission, as well as of the Secretariat and its staff members.
Workshop on Legal Aspects of Breaches of Confidentiality
2.9 Immediately after the close of the Fourteenth Session of the Commission, the half-day Workshop on Legal Aspects of Breaches of Confidentiality, which is scheduled to begin on Friday 26 July at 10 a.m., will be held. The workshop will address the remaining tasks of the Expert Group on Confidentiality: (a) States Parties' possible exercise of national jurisdiction in the event that immunity from jurisdiction is waived by the Director-General in the case of a serious breach of confidentiality by a staff member of the Technical Secretariat, including the possibility of concurrent jurisdiction; (b) any further proposals relating to the general issue of the application of national jurisdiction to natural or legal persons who have breached confidentiality; and (c) any further proposals that may be made concerning compensation for losses caused by breach of confidentiality. The panel for this workshop will consist of the following: Dr. P.S. Rao, Joint Secretary, Legal Affairs and Treaties Division of the Ministry of External Affairs of India and member of the International Law Commission; Prof. H.G. Schermers, Professor of International Law at Leiden University; and Mr. P. Mason, Attorney/Legal Adviser at the Office of the General Counsel of the Arms Control and Disarmament Agency of the United States. Further discussion of the issues and of possible solutions to them has been presented in PC- XIV/B/4.
2.10 The Executive Secretary is grateful for the copies forwarded by Member States of national implementing legislation and national editions of the Convention, all of which have been a welcome addition to the Secretariat's collection. The examples of implementing legislation thus provided have been useful to Member States, as well as to the Secretariat, in its response to requests for assistance with the drafting of legislation.Courses for personnel of National Authorities
2.11 During the current year the Secretariat has so far organised two three-week courses for personnel of National Authorities. The first course was held from 15 April - 3 May in Gwalior, India, in cooperation with the Indian Defence Research and Development Establishment. With the support of the Netherlands Government, the second course took place at the Instituut Defensie Leergangen just outside The Hague, the Netherlands, from 13 - 31 May. Participants from Member States representing all five regional groups attended the courses. The Secretariat is currently involved in discussions with a few Member States on voluntary contributions to enable it to organise additional courses during the remainder of the year. The discussions are at an advanced stage, and the Secretariat hopes to be able to make a positive announcement shortly.
The Secretariat Website
2.12 Pursuant to a decision of the Commission at its Thirteenth Session, the Secretariat has established a permanent Website on the Internet. The Website is maintained in accordance with the Guidelines approved by the Commission, and is supervised by a Website Review Group chaired by the Deputy Executive Secretary and reporting directly to the Executive Secretary. While a brief manual for the Website has already been circulated, a more detailed one may be obtained, on request, from the Secretariat. The Website can be reached under the Internet address: http://www.opcw.nl/
Budget and planning
2.13 It has become clear that, when the 1996 Budget was being prepared, insufficient funds were provided for unanticipated turnover amongst professional staff in particular. In the first half of 1996, 10 staff members from the professional category (or 15% of all staff in and above that category) resigned, at a cost (in terms of both repatriation and replacement) of over Dfl. 800,000. The other major budget deficiency is in the Information Systems Branch, whose budget was reduced by nearly half from 1995 to 1996. A number of projects planned for completion in 1995 could not be completed, for a variety of reasons explained in the last Report of the Executive Secretary. Moreover, the Secretariat's IMS equipment (both hardware and software) is now in its fourth year of operation, and urgently requires upgrading and/or replacement. While the carrying forward of Dfl. 600,000 from 1995, as well as programme transfers in place or currently requested in the amount of Dfl. 500,000 will be helpful in this regard, a major increase in the IMS budget will be required in 1997. In this context it is pleasing to be able to note that the unspent funds from 1995 carried forward into 1996 for inspection and laboratory equipment and for the fit-up of the OPCW Laboratory and Equipment Store have so far proved adequate.
2.14 The Secretariat is continuing to pursue its rigorous austerity programme, to cope with budgetary shortfalls that have been identified during the current financial year. The Executive Secretary does not intend to seek approval for any increases in the approved Part I 1996 budget, but needs urgent approval of the inter-programme transfers proposed in PC-XIV/2. As foreshadowed above, a substantial increase will be required in the Part I 1997 budget.
3. VERIFICATION-RELATED ISSUES
Procurement of inspection and laboratory equipment
3.1 Requests for tender (RFTs) for 75 items on the list of equipment for training and evaluation contained in table 3.8 of the Annex to PC-VIII/A/WP.7, together with approved specifications, have been sent to 79 companies in 18 Member States. By 1 July, the Secretariat had completed its technical evaluation of 58 items on the list, 56 of which had been ordered. Orders are currently being placed for the remaining two items. The total value of equipment ordered, including the latter two items, is approximately Dfl. 5,000,000.
3.2 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. 1,240,000 has been ordered so far.
3.3 The total value of inspection and laboratory equipment ordered by 1 July is thus approximately Dfl. 6,240,000.
3.4 There are still categories of equipment (portable X-ray, occupational health equipment, and chemical dosimeters) for which technical specifications have not yet been approved. The estimated cost of these three items, for which no requests for tender have so far been issued, is Dfl. 537,000, including shipping and delivery. As the Executive Secretary has indicated in the past, the procurement of perishable items such as medical kits, or of items such as computers in areas of rapid technological progress, will be deferred until just before the start of Phase II. Current planning calls for the placing of most orders for laboratory and inspection equipment by the end of September.
Evaluation of equipment
3.5 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 spectrometer (NIPPS); ultrasonic pulse echo (UPE); and acoustic resonance spectrometer (ARS). The Executive Secretary wishes to express his appreciation to the ten Member States which expressed interest in assisting the Secretariat with the evaluation process.
3.6 The Secretariat held two meetings - on 19 and 21 March - to discuss the equipment evaluation process with representatives of the ten Member States referred to in the preceding subparagraph. The Secretariat indicated that, in addition to the equipment listed in the Note by the Executive Secretary, it would also welcome offers to evaluate the respirators. The Secretariat also outlined its view of the methodology for the evaluation process and the time-frame in which it should be conducted.
3.7 The Secretariat's current plan is to evaluate the GC/MS and the FTIR at the OPCW Laboratory with the assistance of those Member States that have expressed interest in assisting with the evaluation of these instruments. Current planning assumes that the evaluation of the GC/MS will commence in September 1996, and will be followed by the evaluation of the FTIR.
3.8 The Secretariat has already received a formal offer from the United Kingdom of Great Britain and Northern Ireland to evaluate the NIPPS. The evaluation of the HHD is being discussed with Switzerland and of the respirators with the Russian Federation and the Czech Republic. So far no Member State has expressed interest in assisting with the evaluation of the UPE.
OPCW Laboratory and Equipment Store
3.9 The fit-up of the OPCW Laboratory and Equipment Store has progressed satisfactorily. The Equipment Store will be ready for occupation by 25 July, and the OPCW Laboratory will be completed by the first week in August. A few weeks will then be required to test the ventilation system, and to install, between the facility and the Secretariat, a reliable and efficient datalink, which is due to be completed by mid-August. The Secretariat intends to commence its move into the facility during the last week of July.
Inter-laboratory proficiency testing
3.10 The First Official OPCW/PTS Inter-Laboratory Comparison Test: First Official Proficiency Test started on 21 May. A total of 26 laboratories from 25 Member States participated in the test, with the NC-Laboratory Spiez in Switzerland preparing the test samples. The test scenario required participants to identify scheduled chemicals in three samples (a polymer, water and an organic liquid). The samples, all prepared to represent industrial type matrices, were spiked with Schedule 1 and 2 chemicals. At present the Secretariat is evaluating the test results with the assistance of the Finnish Institute for the Verification of the Chemical Weapons Convention (VERIFIN), which is evaluating the analytical results.
3.11 Three trial tests, one in 1994 and two in 1995, have been sponsored by the Secretariat in addition to the first official test, which is about to conclude. In the case of all four tests, the Secretariat was able to rely on the good offices of laboratories of Member States to make up the samples and to perform the evaluation of results at no cost to the Commission. The Secretariat is now discussing the practical arrangements for the Second Official Proficiency Test with the Republic of Korea's Agency for Defence Development GSRDC-4 Laboratory. This laboratory will provide the samples for the test, which is tentatively planned to start on 14 October.
3.12 To date no laboratory of a Member State has expressed a willingness to assist in the analytical evaluation of this test. If no such laboratory is able to conduct a full analytical evaluation, it will be carried out by the Secretariat, which would be grateful if Member States could consider providing support in selected fields of analysis during the evaluation process. The Executive Secretary is grateful to the laboratories and the Governments that have so far been able to provide their expertise in sample preparation and evaluation at no cost to the Commission.
Model agreement table-top exercise
3.13 Finland, Norway, Sweden and the United Kingdom of Great Britain and Northern Ireland have conducted a joint table-top exercise called "Viking" for the development of a facility agreement for a Schedule 1 facility. A representative of the Secretariat was invited to participate in the exercise. The report of the exercise compiled by the organisers will be distributed to Member States.
Training issues
3.14 In spite of concerted efforts by the Secretariat to identify and cost alternatives to training offers from Member States, the Secretariat has been unable to identify any alternatives other than for Secretariat staff to provide the required training from within its own resources, with assistance from external instructors.
3.15 Six training offers (one Module 1 (M1) and five Module 2 (M2)) remain uncertified. While certification of the M1 offer remains uncertain, all of the Training Group A inspector/inspection assistant candidates could be trained using the four M1 offers certified until now. The Secretariat remains reasonably confident that five of the six uncertified M2 training offers will be certified during the next intersessional period. The Secretariat may, however, be required to develop a course of instruction and to present specialist health and safety training (Block J, with a duration of six weeks) for the candidate medical specialists, as it now appears possible that the tentative offer of such training may be withdrawn due to a lack of national funding.
3.16 All the basic trainee performance evaluation guidelines were agreed at the second Trainee Performance Evaluation Workshop that concluded on 7 March. Those Member States offering M1 or M2 training requested the Secretariat to sponsor another workshop involving both training centre representatives and Secretariat staff, in order to harmonise the procedures in accordance with which the training centres will conduct comparable student evaluations. The Secretariat will accordingly host such a workshop during the next intersessional period.
3.17 The Secretariat also intends to invite training centre representatives from the five Member States offering M1 training to a workshop in The Hague during the next intersessional period. The intended purpose of the workshop is to facilitate an in-depth and productive exchange of views with the objective of ensuring that, in all five seven-week M1 courses, comparable emphasis is placed on each of the principal elements of training.
Contacts with the World Customs Organisation
3.18 The Secretariat has been informed by the Secretariat of the World Customs Organisation (WCO) that the Council of the Harmonised System Committee (HS Committee) at its Hong Kong meeting in June approved the proposed Recommendation on Chemicals Controlled by the Chemical Weapons Convention (CWC) for new national subheadings for those substances - ''toxic chemicals and their precursors" - which are covered by the provisions of the CWC.
3.19 In the light of the approval of the above-mentioned recommendation, the Scientific Sub-Committee of the HS Committee, at its Eleventh Session held on 26 June, reviewed the draft Annex to the Council's recommendation which, when finalised, will be implemented by contracting parties at the national level. The Secretariat was represented at this Session of the Scientific Sub-Committee, and was requested to provide its view on several technical issues still under discussion. The Secretariat's response will enable the Sub-Committee to finalise its work on amending the harmonised system in a way which facilitates the identification of chemicals which fall within the purview of the CWC.
Declaration Handbook
3.20 With the exception of the manner of declaring the precise location of a plant site, the declaration forms for Sections A (General Reference Data), B (Schedule 2, Schedule 3 and DOC) and C (Schedule 1) have now been approved by the Expert Group on Chemical Industry Issues. Although there are still a number of outstanding issues (low concentrations, compilation and declaration of aggregate national data for Schedule 2 and Schedule 3, and geographical location - the use of longitude and latitude is rejected by some delegations), the Executive Secretary is of the view that they should not prevent the use of the forms and the handbook by National Authorities, and the Secretariat intends to proceed on the basis that, for all practical purposes, work in this area has now been concluded. Unfortunately, without major developments in the Expert Group on Chemical Weapons Issues, there seems to be little prospect of an early completion of the CW sections of the handbook.
Declaration database
3.21 The user requirements document (URD) compiled by CARA Software & Services Int. Ltd., the consultants contracted to develop the user requirements for the Verification Information System (VIS), envisages a single comprehensive declaration/verification system supporting all verification activities, including the handling of declarations and other verification/inspection-related data that is based on or related to declaration data. The URD was compiled by CARA in close cooperation with the users of the system in the Verification Division. On completion of the URD, the VIS project will enter its next system development stage towards implementation. Unfortunately, it is not clear at this stage whether the implementation of the VIS can proceed rapidly, partly because the declaration forms for CW-related activities and facilities have not yet been finalised, and partly because there is still much work to be done on the definition of all data formats and the establishment of the compatibility of data formats for similar activities in different parts of the system.
Handbook on Chemicals
3.22 The preparation of a first draft "Handbook on Chemicals" (Appendix 2 of the Declaration Handbook) is in its final stage. It will identify those scheduled chemicals which are actually manufactured industrially or otherwise regulated by Member States, on the basis of information from a number of public databases. The draft "Handbook on Chemicals" will contain the systematic (IUPAC and/or CAS) chemical names, structural formulas and CAS registry numbers of the chemicals identified so far.
3.23 The "Handbook on Chemicals" is intended to support the identification of facilities declarable under Article VI of the Convention. It will form an integral part of the Declaration Handbook and will assist future States Parties in the compilation and submission of declarations to the OPCW. The Secretariat will make the draft available to Member States as early as possible (either during or shortly after the Fourteenth Session of the Commission).
Support for national implementation activities
3.24 The Secretariat has received a number of requests for assistance with, or invitations to participate in, a number of activities in Member States connected with national preparations for the implementation of the Convention such as national trial inspections, table-top exercises, etc. The travel budget of the Secretariat is insufficient to respond to any further requests of this kind. Any future Secretariat participation in such exercises will, regrettably, need to be at the cost of the inviting State.
4. FINANCIAL, ADMINISTRATIVE AND ORGANISATIONAL ISSUES
4.1 Annex 1 to this Report contains four appendices with information on the financial situation as of 30 June 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 30 June 1996 for the Special Accounts for the Procurement of Inspection and Laboratory Equipment, for the Fit-Up of the OPCW Laboratory and Equipment Store, and for the Funding of the Information Management System Requirements respectively. Annex 5 reports on the status of investments as of 30 June 1996.
External audit of the 1995 financial statements
4.2 The Executive Secretary is pleased to advise Member States that the 1995 financial statements of the Commission and the Provident Fund have been reviewed by the External Auditor, who found no weaknesses or errors considered material to the accuracy, completeness and validity of these statements, and, accordingly, placed an unqualified opinion on them. The reports of the External Auditor and the audited 1995 financial statements of the Commission and the Provident Fund, together with the relevant comments of the Finance Group and the Executive Secretary, have been made available to all Member States under cover of PC-XIV/4 and Corr.1.
Recruitment-related activities
4.3 Since 15 March the Secretariat has recruited a total of six fixed-term staff members, increasing to 49 the number of nationalities represented at the Secretariat. All of these appointments were for the replacement of persons who had resigned. The total number of fixed-term Professional and higher category staff is currently 64, from 39 Member States.
4.4 Four new appointees in the Professional and higher category were from Austria, Malta, the Russian Federation and the United Kingdom of Great Britain and Northern Ireland. A table depicting the professional staffing structure of the Secretariat as of 16 July is attached to this Report as Annex 6.
4.5 The Secretariat is currently recruiting for six positions (four at the professional level and two at the GS level). The professional positions are Arabic Linguist (P-3), Head of Declarations and Confidentiality Branch (P-5), Declarations and Confidentiality Officer (P-4), and Safety Officer (Industry) (P-3). The position of Language Co-ordinator (P-3) remains frozen until further notice.
4.6 Now that the trigger point is approaching, a steering committee has been created at management level to oversee recruitment activities. The initial screening of applications for Phase II positions in the Professional and higher category has nearly been completed, and arrangements are now being made to short list and interview candidates. Recruitment planning for Phase II positions in the GS category is also at an advanced stage.
Recruitment for Training Group A
4.7 It has been difficult for the Secretariat to finalise the list of trainees for Training Group A. Of the 159 candidates initially selected, 14 dropped out (six were ruled out on medical grounds, five withdrew for personal reasons, and three simply did not respond). To compensate for this attrition, the Secretariat moved six candidates from the reserve to the active list. The remaining eight vacancies have been filled with candidates from the currently underrepresented regions of Africa and Latin America and the Caribbean, following the completion in June of interviews in those regions. Before the full list can be finalised, the medical screening of the most recently selected candidates must be conducted.
4.8 If none of the latter candidates are ruled out on medical grounds, candidates from a total of 59 Member States would be selected for Training Group A. Regional distribution on the active list would be as follows: Africa, 9.4%; Asia, 25.8%; Eastern Europe, 19.5%; Latin America and the Caribbean, 11.3%; and WEOG, 34.0%. Of the 159 candidates on the active list, only 89 (56%) are from Member States which have thus far ratified the Convention. If the following six countries - China, India, Iran, Nigeria, the Russian Federation, and the United States of America - were to ratify the Convention, the latter figures would increase to 139 and 87.4% respectively
Recruitment for Training Group B
4.9 Continuing recruitment efforts are essential to develop an outreach strategy for recruiting the 80 Training Group B candidates (56 chemical production technologists and 24 chemical production logisticians). The Secretariat's Recruitment Committee, chaired by the Director of the Technical Cooperation and Assistance Division and comprising representatives of the Secretariat's Divisions with experience of the specific situation in each geographical region, was set up in mid-January 1996 to plan and co-ordinate an energetic recruitment campaign in this specific area.
4.10 The Executive Secretary notes with regret that only 30% of the applications received are from candidates considered suitable for interview. The number of such candidates is manifestly not enough for a satisfactory selection process. Of particular concern is the situation in relation to chemical production logisticians - only eight potentially suitable applications have been received for the 24 places in Training Group B. Following the interviews in Africa and Latin America and the Caribbean, thirteen candidates have already been selected for Training Group B.
4.11 The work of the Committee over the past six months was possible thanks only to the reallocation of funds provided for other purposes. The absence from the approved 1996 Budget of any funding specifically for the identification of suitable inspector candidates has made it impossible for the Committee to achieve its objectives, to any significant extent.
4.12 As more than 200 potentially suitable candidates need to be identified to provide a solid foundation for the selection of 80 trainees for Training Group B, the outreach/recruitment campaign must be continued. 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 Dun and Bradstreet's Smartstream system has been chosen for the integrated financial, human resource and material management application. The implementation of the modules of this application (inventory, budget and general ledger, accounts payable, personnel and payroll) commenced in May, which is perceived as part of the "minimum" IMS, will be completed by the end of 1996. The definition of the computer requirements of Secretariat staff will be completed by the end of July, and the invitation to bid document is being prepared. The process of defining and implementing security procedures for the security non-critical part of the IMS on the basis of the security study guidelines has commenced, with the aim of fully implementing these security procedures by the end of the third quarter of 1996. Security for the security critical part of the IMS will be implemented gradually, in conjunction with the phasing in of the OPCW security regime. Current network needs are being assessed, and the OPCW Laboratory and Equipment Store network and communications systems are being established. Possible document management solutions are currently being evaluated. The hardware, software and staffing needs of the IS Branch will be reflected in the 1997 Part I and Part II budgets.
Conference and language services
4.14 The Secretariat continued to provide the Commission with translation and interpretation, as well as with various services related to the distribution of documentation. Within the available resources, the Secretariat has continued to provide ad hoc interpretation support at the request of delegations. This practice has proved useful, by assisting representatives of Member States to participate fully in the deliberations of the various Expert Groups.
4.15 As mentioned in the previous Report of the Executive Secretary, the Secretariat is now distributing the annual set of documents of the Commission for 1995 in English. The 1995 set of documents in other languages will be distributed upon their completion.
5. RELATIONSHIP WITH STATES AND INTERNATIONAL ORGANISATIONS
5.1 The Executive Secretary visited Italy (8 - 10 April) to meet with officials involved in the national implementation process, and also attended bilateral meetings with high-level government officials in Paris (15 April), Bonn (22 May) and Dublin (30 May). On 24 April the Executive Secretary briefed the OSCE Forum for Security Cooperation in Vienna on the activities of the Commission in promoting the universality of the Convention. On 20 May he addressed a conference in Bonn on the Dismantling and Destruction of Nuclear, Chemical and Conventional Weapons which was co-hosted by NATO, the German Ministry of Foreign Affairs and the State Government of North-Rhine Westphalia. The Executive Secretary participated in regional seminars in Tehran (20-23 April) and Malta (12-15 June).
5.2 The Executive Secretary also received the following important visitors in The Hague: Mr. J. Holum, Director of the US Arms Control and Disarmament Agency, and Mr. A.N.R. Robinson, Cabinet Minister of Trinidad and Tobago.
5.3 Senior officials of the Secretariat paid a number of visits to signatory States to meet representatives of appropriate government authorities and/or the chemical industry to discuss issues such as national implementation, finalising training requirements for OPCW inspector candidates, and preparations for the First Session of the Conference of the States Parties. The countries thus visited included: Algeria, Bangladesh, Bolivia, People's Republic of China, Croatia, Chile, Finland, France, India, Japan, Malaysia, Morocco, Oman, Peru, Romania, Sri Lanka, Switzerland, Tunisia, the United States of America and Venezuela. Further interviews for the OPCW Inspectorate were conducted in Algeria, Brazil, Mexico and the People's Republic of China. Secretariat staff delivered lectures at various National Authority training courses, and participated in CWC-related seminars, meetings and conferences in Belgium, the Czech Republic, Germany, Greece, Malaysia, and the Russian Federation. Discussions were held with the IAEA, NATO and UNESCO to share experience on developing procedures related to the implementation of the Convention.
Regional seminar in Tehran
5.4 In cooperation with the Government of the Islamic Republic of Iran, a regional seminar on the national implementation of the Chemical Weapons Convention was organised in Tehran, from 22 - 25 April, for States of the Persian Gulf and the Central Asian region. The seminar was attended by 15 countries from the region as well as by Secretariat staff, and representatives of the Harvard Sussex Program and SIPRI. Seminar participants attended a demonstration inspection at a multipurpose chemicals plant. The scenario for this inspection had been prepared by the Secretariat, the Iranian National Authority, and management of the facility. In conjunction with the seminar, a course for personnel of National Authorities was organised on 22 and 25 April.
Regional seminar in Malta
5.5 A regional seminar, jointly organised by the Multilateral Affairs Directorate of the Ministry of Foreign Affairs of Malta and by the Secretariat, was held in Gozo, Malta, from 12 - 14 June. The seminar was attended by 13 countries from the Mediterranean region, as well as by Secretariat staff, the Harvard Sussex Program, the University of Brussels, and the Maltese Foundation for International Peace Studies. Participants discussed various aspects of national implementing legislation, the establishment of National Authorities, issues relating to declarations, inspections and trade in scheduled chemicals, and international cooperation on the various provisions of the Convention. The seminar also aimed to inform non-signatory States of the region about the objectives of the Convention. A workshop for personnel of National Authorities also took place.
Outreach activities in Brussels
5.6 CWC-related activities of Brussels-based delegations of Member States have continued to intensify. For example, on the initiative of these Member States the Joint African, Caribbean and Pacific - European Union (ACP-EU) Assembly adopted a Resolution on the Chemical Weapons Convention in Windhoek, Namibia, on 22 March. This Resolution, which called on all ACP and EU countries which have not yet done so to ratify the Convention as soon as possible, reflected a strong political commitment to the Convention on the part of the 70 ACP and 15 EU countries involved.
Training course in Argentina on escorts for inspection teams
5.7 The Ministry of Defence of Argentina, with assistance from the Argentine Ministry of Foreign Affairs, International Trade, and Worship, organised a training course for escorts for OPCW inspection teams from 4 - 29 March. The course was attended by participants from nine Member States of the Commission, as well as by representatives of various Argentine governmental agencies and private organisations. The Secretariat, as well as experts from three Member States outside the region, provided lecturing support for the course. The course programme included a routine inspection exercise in a chemical facility which featured the simulation of one organic product as a Schedule 3 chemical, as well as a challenge inspection exercise which was conducted in a military ammunition depot.
Trial inspection in Japan
5.8 From 27 to 29 March, the Japanese Ministry of International Trade and Industry (MITI) and the Japanese Chemical Industry Association jointly conducted sequential trial inspections of Schedule 2 and Schedule 3 industrial facilities. The objectives were to prepare for future inspections, to train MITI officials to act as on-site escorts, to test inspection procedures including pre-and post-inspection activities, to identify issues which need further consideration or refinement, and, finally, to discuss how to ensure the timely and effective discharge of the inspection team's mandate while avoiding undue intrusion into industrial activities. The inspections demonstrated that substantial preparation by the inspected State Party is crucial. The most important factor identified in the success of the inspections was the skill and expertise of the mock inspection team from the Secretariat as well as of the members of the national escort team, which enabled smooth communication among participants.
Technical workshop in Algeria on national implementation of the CWC
5.9 The workshop, organised by the Ministry of Foreign Affairs of Algeria as the acting coordinator of the National Committee for the Algerian National Authority, was held on 2 April. It was attended by over 80 participants, the majority of whom were senior representatives of government institutions, chemical industry companies and related sectors, universities, and associations and unions of private and public enterprises. The workshop focused on further disseminating knowledge about the Convention, and issues related to the universality and broad scope of the Convention, the future organisational structure of the OPCW, and the Executive Council. On-site inspections, inspection procedures, strategies for identifying declarable facilities and collecting data, and some issues related to technical cooperation and assistance were also discussed. Senior staff members took part in the event, in particular to lecture on specific topics regarding the CWC, the Commission's activities, the expected impact of the Convention on chemical industry activities, and international trade in scheduled chemicals.
National seminar in Malaysia
5.10 The seminar, which took place from 25 - 26 June, was organised, with the assistance of the Secretariat, by the Ministry of Foreign Affairs of Malaysia as the coordinator of efforts on the part of the Malaysian Cabinet to prepare for and implement the Convention. It was attended by over 50 participants representing government agencies which will be involved in the implementation of the Convention, as well as by representatives of the chemical industry. The seminar focused on further disseminating knowledge of the Convention, the activities of the Commission, the future organisational structure of the OPCW, the rights and obligations of States Parties under the Convention, implementation legislation, and the establishment of National Authorities.
5.11 Issues such as defining the areas of responsibility of National Authorities, their budget and programme, the involvement of agencies directly and in a supporting role, the training of personnel of National Authorities, and the role of the Secretariat, were discussed in detail. A declarations workshop was also organised at which, in the context of possible declarations, the identification of declarable activities and facilities, the industry sections of the Declaration Handbook, and examples of plant sites and plants were discussed, with participants being shown how to complete declaration forms.
National seminar in Oman on the implementation of the CWC
5.12 The Secretariat was represented at a one-day national seminar organised on 1 July by the Ministry of Foreign Affairs of Oman. The seminar was attended by over 40 participants representing government agencies and the industrial sector of Oman. The seminar focused on issues related to the universality of the Convention, the future organisational structure of the OPCW, the rights and obligations of States Parties, implementation legislation, and the establishment of National Authorities. On-site inspections, inspection procedures, strategies for identifying declarable facilities, and the collection of data were also discussed. It was proposed that a further national seminar should be held later in 1996 to deal more extensively with industry-related issues.
6. INTERSESSIONAL WORK OF SUBSIDIARY BODIES OF THE COMMISSION
WORKING GROUP A
Administrative, Financial and Personnel Matters
6.1 The Expert Group on Administrative, Financial and Personnel Matters met on 6, 7 and 9 May, and produced its Fifth Report (PC-XIV/A/WP.2). The Group had a preliminary discussion of the consistency of the draft OPCW Financial Rules with the draft OPCW Financial Regulations and identified Rules requiring review. The Group also had preliminary discussion of and commented on the Secretariat's background paper on transitional issues, which will be further developed by the Secretariat and returned to the Group. Discussions continued on the Top Structure of the OPCW.
Data Systems
6.2 The Expert Group on Data Systems met on 13 and 14 May and produced its Fifteenth Report (PC-XIV/A/WP.3). The Report endorsed the Secretariat's view that the "minimum" IMS projects are those which provide the network and security systems environment necessary to support the automation of functions which cannot be performed at EIF without electronic assistance. The Report concluded that the Secretariat's general definition of the "minimum" IMS represented a satisfactory basis for its implementation and for expending resources in the amount of Dfl. 2,000,000 to be found within the existing 1996 Part I and Part II budgets.
OPCW Headquarters Agreement
6.3 The Expert Group on the OPCW Headquarters Agreement met on 20 and 21 May and produced its Fourth Report (PC-XIV/A/WP.5). The Group was briefed on the consultations between the Host Country and the Secretariat regarding the draft OPCW Headquarters Agreement, and considered the latest draft OPCW Headquarters Agreement (dated 13 May) resulting from those consultations. The latest draft included a new Separate Arrangement developed by the Secretariat and the Host Country elaborating certain aspects of the draft agreement. Delegations made a number of proposals and suggestions, and the Group anticipated that its work would be finalised at its next meeting. The issue was raised of the levying of taxes by States Parties on OPCW salaries and emoluments paid to nationals of those States Parties who are OPCW officials and the question of the OPCW paying compensation to officials in such a situation. The Group was of the view that this matter required further consideration, and should be dealt with within the context of the OPCW Staff Regulations.
Formal Consultations on Visa Matters
6.4 The Formal Consultations on Visa Matters were held on 23 May for the fourth time, and produced a Report (PC-XIV/A/WP.7). Agreement was reached on the visa procedure for inspector candidates attending the GTS and the visa procedures for OPCW inspectors and inspection assistants. In relation to the visa procedure for OPCW inspectors and inspection assistants, it was agreed that States Parties should proceed in accordance with paragraph 10, Part II B of the Verification Annex, which requires each State Party, within 30 days of acknowledging receipt of the list of inspectors and inspection assistants from the Secretariat, to provide multiple entry/exit/transit visas, valid for at least two years, for each inspector and inspection assistant.
6.5 Consultations on the type of travel documents to be used by OPCW officials, inspectors and inspection assistants arrived at no final conclusion. However, there was a general convergence of views that the United Nations Laissez-Passer may provide a solution. It was agreed that the Secretariat should approach the United Nations Secretariat to clarify the financial and legal conditions under which the OPCW could use the Laissez-Passer. The Secretariat was also requested to consult with the International Civil Aviation Organisation (ICAO) regarding the visa procedures for the captain and crew of non-scheduled aircraft.
Finance Group
6.6 The Finance Group met on 20 and 24 May and produced its Tenth Report (PC- XIV/A/WP.4). The Group continued its work on the draft OPCW Financial Rules on Procurement, working on a revised draft prepared by the Secretariat on the basis of earlier comments. Having made further amendments to these draft Rules, the Group recommended that they be referred to Working Group A and the Commission for consideration and approval. The Group was of the view that the selection of consultants should not be simply a personnel issue, and recommended that the Secretariat be requested to draft an administrative directive on the "procurement" of consultants.
6.7 The Finance Group reviewed the Secretariat paper setting out the basic parameters of the draft 1997 Budget of the Commission and the preliminary draft Part I 1997 Budget of the Commission. Although the Group made some detailed observations on the draft Part I 1997 budget, it was unable to consider this formally, out of the context of the draft Part II 1997 and the draft OPCW budgets. The Group assumed that the 1997 Budget in its entirety would be submitted to it at its next meeting. Commenting on the budget overall, the Group felt that it should be so structured as to show for each programme and object of expenditure the amounts required in 1997 for Phase I and Phase II, depending on the likely trigger date for Phase II.
6.8 The Group examined the 1995 audited financial statements of the Commission and the Provident Fund and recommended that the Commission note the Opinion of the External Auditor that the financial statements present fairly the financial position of both the Commission and the Provident Fund as at 31 December 1995.
6.9 The Group received and reviewed the Secretariat discussion paper on the Information Systems Branch's presentation of the "minimum" IMS, and noted the Secretariat's intention to cover the shortfall of Dfl. 2,000,000 out of the 1996 Part I and Part II budgets. However, the Group commented that the realisation of this intention is complicated by uncertainty about the date of the trigger point. In the event that trigger point is not reached by mid-1996, the goals of the "minimum" IMS would be reduced and a major part of the costs (Dfl. 3,600,000) would be deferred to the 1997 budget.
6.10 The Group again considered the issue of possible underfundings in Part I of the 1996 Budget and reviewed a Secretariat paper on the issue dated 22 May. The Group was of the view that the paper did not provide sufficient information or analysis to allow the Group to make a recommendation, and asked the Secretariat to submit a formal request for transfer of funds to its next meeting. The Group also considered a Secretariat paper on the budgetary and financial issues related to the transition from the temporary institution of the Commission into the final OPCW. The Group viewed the paper and the solutions suggested in it as helpful, but found that further work was required, as not all the questions and potential problems had been addressed.
Programme of Work and Budget
6.11 The Expert Group on Programme of Work and Budget met on 3, 4, 6, 10, 11 and 13 June and produced its Thirteenth Report (PC-XIV/A/WP.6). The Group was unable to consider the preliminary draft 1997 Budget of the Commission because the draft Part I 1997 budget was incomplete, i.e. because the Information Systems Branch component of the document was submitted at a later stage of the Group's meeting, and because the Part II 1997 budget was not available at all. The Group recommended that the "Basic Parameters of the 1997 Draft Budget of the Commission" as outlined in the Annex to its Report be endorsed by the Commission.
6.12 The Group requested the Secretariat to prepare an up-to-date paper on transfers of funds within Part I and Part II of the approved 1996 Budget to be available for the meeting of Working Group A at the Fourteenth Session of the Commission. This would enable the latter to consider, in the light of the circumstances, any necessary action for the resolution of the issue of inter-programme transfers during the subsequent intersessional period, in order to cover priority underfundings not provided for through intra-programme transfers.
6.13 The Group further recommended that the Secretariat be requested to update the Secretariat background paper dated 2 May on budgetary issues related to the transition from the Preparatory Commission to the OPCW, taking into account its own comments and those of the Expert Group on Administrative, Financial and Personnel Matters, as well as the relevant paragraphs of the Report of the Tenth Meeting of the Finance Group (PC-XIV/A/WP.4) dealing with budgetary matters, and to present the updated paper to the next meeting of this Group for further review.
WORKING GROUP B
Challenge Inspection
6.14 The Expert Group on Challenge Inspection met on 15 and 16 April. The Group received the resignation of its Chairman, Mr. Andrea Perugini of Italy, who has taken on new responsibilities and was unable to continue as Chairman. The Group then elected Mr. Ian Mundell of Canada as its new Chairman. The Group addressed the remaining items on its agenda but was unable to record any progress or to issue a Report.
Chemical Industry Issues
6.15 The Expert Group on Chemical Industry Issues met from 22 - 25 April and again from 28 - 30 May, and produced its Eleventh and Twelfth Reports (PC-XIV/B/WP.1 and PC-XIV/B/WP.3 respectively).
6.16 The Group received declaration forms from Sections A, B and C of the draft Declaration Handbook. There was agreement on the adjustments to the draft declaration forms for Sections A, B and C, with the exception of the way of declaring the precise location of a plant site. The Group suggested that Member States may elect to continue their preparations for entry into force on the basis of these draft declaration forms.
6.17 During its first meeting the Group had made substantial progress on the development of a Model Agreement for Schedule 2 Plant Sites. However, substantive differences on some key issues at its second meeting continued to prevent the Group from finalising its work, which will have to continue during the next intersessional period.
6.18 Initial comments were received on the Chairman's initial draft Model Agreement for Schedule 1 Facilities, which was distributed to the Group during its second meeting, and the Group invited Member States to communicate to the Secretariat their proposals on a draft Model Agreement for Schedule 1 Facilities. The Secretariat will circulate these proposals to Member States in preparation for the next meeting of the Group.
6.19 The Group continued its discussions on a number of declaration-related issues, including guidelines for the declaration of mixtures containing scheduled chemicals in low concentrations, national aggregate data and issues related to discrete organic chemicals and biological processes. While some useful discussions took place during the meeting, the Group was unable to finalise work on any of the declaration issues under its consideration.
Chemical Weapons Issues
6.20 The Expert Group on Chemical Weapons Issues met from 1 - 2 May and again from 1 - 2 July and produced its Fifth Report (PC-XIV/B/WP.2).
6.21 The Friend of the Chair on CWPFs conducted consultations on the destruction of chemical weapons production facilities and inspection activities at CWPFs. The Group agreed that the document entitled "Destruction of CWPFs" be forwarded to the Commission for adoption.
6.22 During its second meeting the Group discussed at length the issue of inspection activities at CWPFs but was unable to report progress on this or any other outstanding issue. The Group did not issue a second Report.
Inspection Procedures
6.23 The Expert Group on Inspection Procedures met on 17, 18 and 20 June and produced its Twelfth Report (PC-XIV/B/WP.5 and Corr.1).
6.24 The Group discussed the reports submitted to it by the Specialist Task Forces on OPCW Analytical Databases, Inspection Equipment Issues and Analytical Issues, and agreed on a number of recommendations contained in these documents.
6.25 In particular, the Group requested the Commission through Working Group B to authorise the addition of an inspection equipment item "Non-Destructive Evaluation (NDE) Hydrogen Concentration Measurement (HCM) Equipment" to the list of equipment for budgetary, training and evaluation purposes and to authorise the Secretariat , under the authority of the Executive Secretary, to use at its discretion the analytical data approved for inclusion in the central OPCW Analytical Database.
6.26 In relation to occupational health equipment the Group supported the view that, irrespective of the status that may be assigned to occupational health equipment, any use of such equipment during an inspection will be subject to the agreement of the inspected State Party. The Group further agreed that the purpose of the occupational health equipment is to contribute to the health and safety of inspectors, and not to help inspectors to collect information on a State Party's compliance with the Convention. The Group requested the Secretariat to identify commercially available items of occupational health equipment which may be of use during inspections and submit technical specifications of such items to the Group for its consideration and approval.
6.27 The Group agreed that the Commission be requested to approve a recommendation that States Parties should use one of the 107 recognised reference datums for their declarations when they were required to declare the geographical co-ordinates of a facility using WGS-84 as its standard geographical reference system. States Parties should state in their declarations which reference standard they had used.
6.28 The Group reached a number of understandings on the administrative procedures for the conduct of inspections, in particular, on the issue of the use of approved OPCW portable communications equipment during the in-country period and on the use of non-scheduled aircraft.
Technical Cooperation and Assistance
6.29 The Expert Group on Technical Cooperation and Assistance met on 24 and 25 June and produced its Eleventh Report (PC-XIV/B/WP.6). The Group received the resignation of its Chairman, Mr. Sarvajit Chakravarti of India, and then elected Mr. Tariq Javed of Pakistan as its new Chairman. The Group continued discussions on issues arising from Articles X and XI and related provisions on the basis of the draft Chairman's paper entitled "Outstanding Issues Relating to Technical Cooperation and Assistance". These issues will require further consideration.
Old and Abandoned Chemical Weapons
6.30 The Expert Group on Old and Abandoned Chemical Weapons met on 29 April and again on 4 July. The Group did not issue Reports on its meetings, neither of which made progress on outstanding issues.
Annexes 1 - 6
For technical reasons the Annexes have only been included in the hard-copy version of this document.