(27 June - 1 July 1994)

REPORT OF

WORKING GROUP B

1. Introduction

1.1 In accordance with the Programme of Work for 1994 adopted by the Commission at its Sixth Session (PC-VI/22), and under the chairmanship of Mr. Sylwin Gizowski of Poland, Working Group B on Verification and Technical Cooperation and Assistance held 3 meetings on 28 and 29 June 1994 to receive the Reports of the Expert Groups under its purview and to take appropriate action.

2. Inspection Procedures

2.1 Working Group B received the First and Second Reports of the Expert Group on Inspection Procedures (PC-VII/B/WP.5 and PC-VII/B/WP.10). The Reports were presented by Mr. Sergei Kisselev of the Russian Federation, the Chairman of the Expert Group.

2.2 Working Group B endorsed the following recommendations:

(a) that Appendices 1 and 2 to PC-VII/B/WP.5 concerning the general and specific operational requirements for inspection equipment with the amendment in regard to neutron-induced prompt photon spectroscopy equipment, contained in paragraph 3.2 of PC-VII/B/WP.10, be submitted to the Commission for adoption;

(b) that the understanding contained in paragraph 3.8 of PC-VII/B/WP.5 concerning the methodology for the procurement of equipment, including the procurement cycle, be endorsed and brought to the attention of Working Group A with a view to having the procurement methodology for equipment adopted at the Eighth Session of the Commission, and that this methodology and its implications for planning the future work of the Commission be drawn to the attention of the appropriate Expert Groups, in particular in relation to the Programme of Work and Budget of the Commission for 1995; and

(c) that the Secretariat be requested to consider administrative and possible technical matters in relation to the use of secure telephones in the light of paragraph 49 of Part II of the Verification Annex for review by the Expert Group on Inspection Procedures.

2.3 Working Group B noted that the decision in paragraph 2.2 (a) above should not be construed as setting a precedent with regard to any current rules regarding the decisions of Working Groups of the Commission. Working Group B reiterated the need to maintain the three-week rule for the release of Reports of Expert Groups requiring the action of Working Groups or the Commission.

2.4 Working Group B encouraged interested Member States to inform the Secretariat of any suggestions that might facilitate the development of the OPCW policy on relations with the news media, and drew this to the attention of the Expert Group on Confidentiality.

2.5 Working Group B requested the Secretariat to develop the administrative requirements associated with the use of protective masks, bearing in mind, inter alia, the cost-effectiveness criterion.

2.6 Working Group B endorsed and forwarded to the Commission for adoption the recommendation that for the OPCW Laboratory, the Secretariat take appropriate action to acquire a small standard laboratory designed for receiving and handling small quantities or diluted solutions of Schedule 1 (toxic) chemicals in compliance with the national standards of the host country. The laboratory should be equipped with the items identified by the Expert Group on Equipment in its Second Interim Report (PC-V/B/WP.7) and adopted by the Commission (PC-V/12, paragraph 6.4 (a)). Such a laboratory, through an adequate combination of in-house and contracted work, will perform in a cost-efficient manner the functions described in the Initial Report of the Expert Group on Equipment (PC-III/B/WP.9) and subsequently endorsed by Working Group B (PC-III/B/2).

2.7 Working Group B endorsed the adoption by the Secretariat of the following assumptions in relation to the type of quality assurance (QA) for the Organisation:

(a) for the Verification Division: an over arching "light" quality assurance regime of the ISO (International Organisation for Standardisation) Guide 9000 series; and

(b) for the OPCW Laboratory, including the network of designated laboratories, and the sampling assistants and analysts: a QA regime of the ISO Guide 25 type.

2.8 Working Group B requested the Expert Group on Inspection Procedures at its next meeting inter alia to:

(a) further elaborate administrative procedures for the conduct of inspections, including the issue of non-scheduled aircraft and of communication procedures;

(b) finalise its work on the procedures for the inspection of equipment at the point of entry;

(c) develop all other necessary procedures related to the use of equipment in the course of inspection, including the possible retention of equipment in the inspected State Party;

(d) develop a common understanding on the term "particular type of inspection" and the possible equipment-related consequences of the application of this term;

(e) develop special provisions for the designation of specific types of equipment for specific types of inspections;

(f) review the opinion of the Legal Adviser on the relationship between paragraph 11 of Part II of the Verification Annex and Article 36 of the Vienna Convention on Diplomatic Relations in regard to approved equipment carried by the inspection team;

(g) review the compilation of recommended procedures for acquiring and preparing samples along with the details on equipment items needed to implement those procedures;

(h) address the number, level of training and any pre-qualification of inspector-analysts who would be required to implement the procedures referred to in subparagraph 2.8 (g) above; and

(i) determine procedures for the conduct of investigations of alleged use, including the issue of sampling and analysis.

2.9 Working Group B also requested the Secretariat to prepare and issue a background paper on the issue of the geographical reference system to be used by the OPCW and on the implications thereof, for consideration by the Expert Group on Inspection Procedures.

2.10 Working Group B noted the decision of the Expert Group to request the Task Force on Inspection Equipment to finalise its work during the next intersessional period and to report back to the Group before the Eighth Session of the Commission.

2.11 Working Group B requested the Expert Group on Inspection Procedures to schedule two meetings for 11 - 15 July and for 20 September 1994 to, inter alia, receive the reports of the Task Force on Inspection Equipment Issues and to agree on all outstanding technical specifications for inspection equipment.

3. Technical Cooperation and Assistance

3.1 Working Group B received the Fourth Report of the Expert Group on Technical Cooperation and Assistance (PC-VII/B/WP.6 and Corr.1). The Report was presented by Mr. Sarvajit Chakravarti of India, the Chairman of the Expert Group.

3.2 Working Group B forwarded the Draft Model Bilateral Agreement Concerning the Procurement of Assistance contained in Annex A to PC-VII/B/WP.6 to the Commission for approval.

3.3 Working Group B requested Working Group A to develop a standard concluding Article to be used in different types of agreements between the OPCW and States Parties.

3.4 Working Group B forwarded the following lists to the Commission for approval:

(a) the indicative lists of categories of information on assistance that could be made available by States Parties, as contained in Annex B to PC-VII/B/WP.6;

(b) the list of some categories of information for the data bank on protection, as contained in Annex C to PC-VII/B/WP.6; and

(c) the content of the basic course for National Authorities personnel, as contained in Annex D to PC-VII/B/WP.6.

3.5 Working Group B referred the list of protective equipment to be stored under OPCW control pursuant to Article X to the Expert Group on Inspection Procedures, which, after appropriate review, was requested to forward the list to the Expert Group on Programme of Work and Budget for discussion of any appropriate related resources.

3.6 Working Group B requested the Expert Group on Technical Cooperation and Assistance to continue its deliberations on, inter alia:

(a) outstanding issues relating to Article X; and

(b) outstanding issues relating to Article XI.

4. Chemical Industry Issues

4.1 Working Group B received the Fourth Report of the Expert Group on Chemical Industry Issues (PC-VII/B/WP.7 and Corr.1). The Report was presented by Mr. Adam Noble of the United Kingdom of Great Britain and Northern Ireland, the Chairman of the Expert Group.

4.2 Working Group B recommended that the Commission adopt the understandings contained in paragraph 3 of PC-VII/B/WP.7 concerning the following issues: the scope of the term "alkyl" in the Schedules of chemicals; sub-distribution and packaging; waste disposal; changes to annual declarations; understandings in relation to Part IX of the Verification Annex; mixed plants; and transfers of Schedule 1 chemicals.

4.3 Working Group B, taking into account a proposal recorded during the joint meeting with representatives of the chemical industry, requested the Expert Group on Chemical Industry Issues to establish a specialist Task Force to address the issue of how to record imports and exports of scheduled chemicals for declaration purposes, as required by the Convention.

4.4 Working Group B requested the Secretariat to develop the necessary declaration forms for transfers of Schedule 1 chemicals and to include them into the revised section of the Declarations Handbook for Part VI of the Verification Annex before circulation to Member States.

4.5 Working Group B requested the Expert Group on Chemical Industry Issues to meet again to resolve the issues referred to in paragraph 5 (tentative understanding on recycled Schedule 2 chemicals), paragraph 6 (biochemical and biologically mediated processes for scheduled chemicals, extraction and isolation of Schedule 1 chemicals, issues related to Part IX of the Verification Annex, BZ and the meaning of the term "a State Party" in paragraph 8 (a)(i)(2) of Article II), and paragraph 7 of PC-VII/B/WP.7 (Declarations Handbook and declaration forms).

5. Confidentiality

5.1 Working Group B received the Third Report of the Expert Group on Confidentiality (PC-VII/B/WP.8). The Report was presented by Mr. Antony Taubman of Australia, the Chairman of the Expert Group.

5.2 Working Group B considered the paper entitled Procedures for the Release of Information by the OPCW (Annex I to PC-VII/B/WP.8) and forwarded it to the Commission for provisional approval pending adoption of the OPCW policy on confidentiality as a whole.

5.3 Working Group B considered the paper entitled OPCW Procedures for Breaches and Alleged Breaches of Confidentiality (Annex II to PC-VII/B/WP.8) and forwarded it to the Commission for provisional approval pending adoption of the OPCW policy on confidentiality as a whole.

5.4 Working Group B requested the Secretariat to prepare a preliminary analysis of the financial, technical, and administrative relationship between a future Information Management System (IMS) and the draft paper on general principles for the handling and protection of confidential information and make this analysis available to the Specialist Task Force on Data Systems.

5.5 Working Group B requested Working Group A to ensure that the draft secrecy agreement be reviewed by the Expert Group on Administrative, Financial, and Personnel Matters in the context of the OPCW Staff Regulations and Rules.

5.6 Working Group B requested Working Group A to ensure that the recommended disciplinary measures set out in paragraphs 7.1 and 7.2 of PC-VII/B/WP.8 are taken into account by the Expert Group on Administrative, Financial, and Personnel Matters in the formulation of the OPCW Staff Regulations and Rules.

5.7 Working Group B requested the Secretariat to prepare a draft OPCW media policy based on the following principles:

(a) all media contact should be subject to the OPCW policy on confidentiality and the procedures for release of information;

(b) the initial response to each media request should be through designated OPCW media liaison officers, or as otherwise authorised by the Director-General or his delegate; and

(c) inspection teams should not comment on any aspect of an inspection activity in a State Party other than by means of a reference by the team leader or if necessary a senior inspector to standard press guidelines on the general verification programme.

5.8 Working Group B requested the Secretariat to prepare an associated draft list of the particular types of general information relating to the implementation of the Convention which may be routinely provided to the media and members of the general public.

5.9 Working Group B requested the Secretariat to continue to study the possible modes of implementing the obligation of States Parties to take appropriate action in the event of a waiver of immunity following a serious breach of confidentiality, in the light of Article VII and paragraph 21 of the Confidentiality Annex.

5.10 Working Group B requested the Commission to encourage Member States to consider, as appropriate, the question concerning the jurisdiction applicable to future Technical Secretariat staff whose immunity from jurisdiction has been waived following a serious breach of confidentiality, and the possible forms of legal action that may apply to other natural or legal persons under their jurisdiction who are involved in a breach.

5.11 Working Group B requested the Expert Group on Inspection Procedures to elaborate procedures for the replacement of equipment that a State Party retains on-site.

5.12 Working Group B noted the recommendation of the Expert Group contained in paragraph 11.8 of PC-VII/B/WP.8 (determination of the procedural format for the consideration of the draft OPCW media policy) and understands that this issue will be considered at an appropriate time.

5.13 Working Group B requested the Expert Group on Confidentiality to complete the draft OPCW policy on confidentiality by concluding sections on basic responsibilities, administration, breach of confidentiality (the Confidentiality Commission and the role of States Parties in relation to breach procedure), the Director-General's annual report on confidentiality, and amendment procedures. The following Chairman's non-papers are available at the Provisional Technical Secretariat as background information in relation to these issues:

Chair non-paper 7: Basic responsibilities

Chair non-paper 8: General Principles for Handling and Protection of Confidential Information

Chair non-paper 9: Administration

Chair non-paper 10: Annual report on confidentiality

Chair non-paper 12: Confidentiality Commission

Chair non-paper 13: Role of States Parties in relation to breaches

Chair non-paper 14: Amendment procedures

6. Chemical Weapons and Associated Issues

6.1 Working Group B received the Report of the Expert Group on Chemical Weapons and Associated Issues (PC-VII/B/WP.9 and Corr. 1). The Report was presented by Mr. Sylwin Gizowski of Poland, the Chairman of the Expert Group, assisted by the Friends of the Chair:

Dr. Graham Cooper of the United Kingdom of Great Britain and Northern Ireland, on CW production issues;

Mr. Ian Mundell, on behalf of L.Col. James Knapp of Canada, on CW storage issues;

Lt. Col. Patrick Dewez of France, on CW destruction issues; and

Dr. Peter Krejsa of Austria, on old and abandoned CW issues.

6.2 Working Group B adopted the agreed concepts (subparagraphs 9.2 to 9.6 of PC-VII/B/WP.9) for model facility agreements for CW facilities.

6.3 Working Group B, taking into account paragraph 23 of Part V of the Verification Annex of the Convention, which provides that converted chemical weapons production facilities shall be destroyed not later than 10 years after entry into force of this Convention, requested the Commission to adopt the understandings (subparagraphs 3.2 to 3.11 of PC-VII/B/WP.9) in relation to the temporary conversion of CWPFs to CWDFs, and to request the Secretariat to develop these understandings into appropriate draft declaration formats and the relevant parts of the draft inspection manual.

6.4 Working Group B requested the Commission to:

(a) request the Secretariat to develop the declarations handbook and inspection report formats for review and comment by the appropriate Expert Groups;

(b) adopt the criteria for the determination of the frequency of inspections developed by the Expert Group on Chemical Weapons Storage Facilities and outlined in paragraph 9 of the Annex to PC-V/B/WP.13, and in Appendix B to the same Report;

(c) note that the criteria used to determine the frequency of inspection of a CWSF should also be considered in deciding the duration of each inspection. The determining criteria for the duration of an inspection will include agent weight, the number of items, the storage configuration and the specific types and numbers of these specific types of chemical weapons as defined in Article II, paragraph 1 of the Chemical Weapons Convention (this is without prejudice to the elaboration of a clear understanding of what is considered to be a chemical weapon, in particular in relation to Article II, paragraph 1 (b) and (c)). The duration of the inspection will be facility dependant, negotiated, and included in each facility agreement after the initial inspection. As a general rule, the duration should be between 48 and 168 hours; and

(d) request the Expert Groups on Chemical Weapons Issues and on Old and Abandoned Chemical Weapons to address the issues which were not fully resolved in the last meeting of the Expert Group on Chemical Weapons and Associated Issues, as well as other outstanding issues assigned to Working Group B in the Annex to the Report of the Seventh Session of the Commission (PC-VII/8).

7. Plan of Activities for Expert Groups under Working Groups A and B for the period July-September 1994

Working Group B approved in principle the definition of tasks and the listing of documents for Working Group B as contained in the Annex to the Report of the Seventh Session of the Commission, and referred these to the Commission for approval.

8. Any other business

Report of informal consultations by the Expert Group on Training

8.1 Working Group B discussed the issues related to training contained in the Report of the Expert Group on Training (PC-VII/B/WP.11), concerning the Group's informal consultations held on 8 June. It requested the Expert Group on Training to: keep these matters under review; meet again in the next intersessional period; and report back to Working Group B at the Eighth Session of the Commission.

Challenge Inspection

8.2 Working Group B reaffirmed that, at its next meeting, the Expert Group on Challenge Inspection would address the issues contained in paragraph 11.8 of PC-VI/B/8, with the exception of those issues which have been referred to other Expert Groups.

9. Conclusion of Meeting

The Report of Working Group B was adopted and the meeting concluded on 29 June 1994 at 17:40 hours.

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