Eighth Session

(26 - 30 September 1994)

EXPERT GROUP ON CHEMICAL WEAPONS ISSUES

SECOND REPORT

1. Introduction

1.1 In accordance with the Plan of Activities for Expert Groups under Working Group B approved by the Commission at its Seventh Session and contained in the Annex to the Report of the Commission (PC-VII/8), the Expert Group on Chemical Weapons Issues met in The Hague from 5 - 9 September 1994 to continue its work.

1.2 Mr. Sylwin Gizowski of Poland served as Chairman of the Group. He was assisted by the following Friends of the Chair:

Dr. Graham Cooper of the United Kingdom on chemical weapons (CW) production issues;

LCol James Knapp of Canada on CW storage issues; and

Lt. Col. Patrick Dewez of France on CW destruction issues.

1.3 The work of the Group was facilitated by non-papers presented by the Chairman and the Friend of the Chair on CW production issues, as well as by material tabled by the Secretariat.

2. Tasks of the Group

2.1 The indicative list of tasks assigned to the Group by the Commission and the priority in which the tasks are to be addressed are contained in the Annex to the Report of the Commission (PC-VII/8).

2.2 At this meeting the Group agreed to concentrate its efforts on the following issues:

(a) conversion of a chemical weapons production facility (CWPF) for non- prohibited purposes;

(b) inspection activities at a CWPF;

(c) a model facility agreement for a chemical weapons storage facility (CWSF); and

(d) the costs of verification related to Articles IV and V.

3. Chemical weapons production issues

3.1 Resolution of the issue of conversion of a CWPF for non-prohibited purposes was identified by the Commission as a priority task for the Group. The Expert Group recalled that a point raised at its previous meeting was whether the Commission was mandated to elaborate guidelines regarding conversion beyond the criteria for toxicity and corrosiveness mentioned in Part V, paragraph 71 (b) and which the Commission is tasked to develop in accordance with paragraph 12 (p) of the Annex on the Text on the Establishment of a Preparatory Commission (as approved by States Signatories to the Chemical Weapons Convention, meeting in Paris on 13 January 1993).

3.2 At the last meeting of the Group both the Russian Federation and the United States of America presented papers on the issue of guidelines for the conversion of a CWPF for purposes not prohibited under the Convention. Whilst the approach taken in both papers was generally similar, there were a number of differences. The Group reviewed a paper prepared by the Secretariat which combined these two papers and highlighted those areas where further discussion was required. However, the Group was still unable to resolve the issue and will need to return to it at a future meeting.

3.3 The Expert Group on CWPFs last addressed the subject of inspection activities at its third meeting in January 1994 (PC-VI/B/WP.3), but made only limited progress. In order to stimulate further discussion the Friend of the Chair circulated the draft text from the third meeting which the Group reviewed and developed further. Apart from remaining differences on the inventorying and inspection of buildings and equipment a clean text was produced for initial and systematic inspections. These issues will need to be addressed at a future meeting. Texts for the verification activities associated with destruction and conversion still need to be elaborated.

4. Chemical weapons storage issues

4.1 As tasked by the Group at its last meeting the Secretariat produced a draft model facility agreement for a CWSF using the concepts developed by the Group. The Group discussed the draft and made a number of proposed changes. It agreed that the model facility agreement discussed by the Group applied only to declared CWSFs. Its possible application to other cases, e.g. temporary holding areas for old chemical weapons, would require further consideration by the appropriate Expert Group. The Group did agree that the list of headings in the Appendix to this Report should be the basis on which model facility agreements for CW sites are drafted. The Group also agreed that the text for Sections 1, 2 (except for bracketed language) and 18 and Attachments 1 and 2 was tentatively agreed subject to further possible comment from capitals and, in the absence of such comment, would not be re-opened for discussion when work on this issue resumed.

4.2 The Friend of the Chair on CW storage issues encouraged delegations to input further drafting proposals to the Secretariat to enable further development of the draft before the next meeting of the Group. The Group would then return to this issue at its next meeting with a view to completing its work.

4.3 The Group also proposed that, when completed, the model facility agreements should be issued as a handbook with an introductory section that incorporates the concepts developed by the Group at its last meeting (PC-VII/B/WP.9), setting out the aims and purposes of the model facility agreements.

5. Chemical weapons destruction issues

There are a large number of outstanding issues related to chemical weapons destruction facilities. However, informal consultations with interested delegations indicated that it was unlikely that any of these could be resolved at this time. The Group therefore decided to concentrate on other issues at this meeting. However, the Chairman and the Friend of the Chair on these issues remain willing to hold informal discussions with interested delegations on any of these topics during the intersessional period.

6. Costs of verification related to Articles IV and V

The Chairman presented a paper on the issue of costs of verification. A useful discussion followed, and a number of points were made by delegations. It is proposed to revise the paper to take account of the various inputs and to issue the revised paper for further discussion at a future meeting.

7. Declaration handbook

The Secretariat presented a first draft of that portion of the declaration handbook related to chemical weapons and a brief discussion paper on the concept of using the framework of categories, as referred to in paragraph 16 of Part IV(A), for CW declarations. The documents were not discussed by the Group. However, the Chairman requested delegations to review the draft and to provide comments to the Secretariat. Comments received will be collated by the Secretariat and made available, on request, to delegations prior to the next meeting of the Group. Depending on the responses a discussion of any comments may be appropriate at the next meeting of the Group.

8. Recommendations

The Group recommended that Working Group B:

(a) adopt the proposal that the different model facility agreements be issued together in a handbook and that an introductory section, which incorporates the concepts developed by the Group at its last meeting (PC-VII/B/WP.9), be included setting out the aims and purpose of the model facility agreements; and

(b) request that the Expert Group on CW Issues give the highest priority at its next meeting to completing its work on the model facility agreement for a CWSF.

Appendix

INDEX

Preamble

Section 1. General provisions

Section 2. Health and safety

Section 3. Confidentiality regulations

Section 4. Information on the facility

Section 5. Access for the inspection team during inspections

Section 6. Activities of the inspected State Party at the facility

Section 7. Equipment

Section 8. Pre-inspection activities

Section 9. Conduct of the inspection

(a) General provisions

(b) Access to and inspection of records

(c) Interviews

(d) Sampling and analysis

(e) Photographs

(f) Seals

(g) Tags

(h) Monitoring with on-site instruments

(i) Measurements

(j) Inspection team's inventory

(k) Procedures for the opening of containers for the inspection team's inventory

Section 10. Clarifications

Section 11. Debriefing, preliminary findings

Section 12. Departure activities

Section 13. Visits

Section 14. Services to be provided and reimbursements

Section 15. Liabilities

Section 16. Languages

Section 17. Status of Attachments

Section 18. Amendments

Section 19. Settlement of disputes

Section 20 Entry into force

Section 21. Duration and termination

ATTACHMENTS

Attachment 1. Planning Data for Inspections

Attachment 2. Health and Safety Requirements and Procedures

Attachment 3. Declaration of the Facility

Attachment 4. Additional Information on the Facility

Provided by the Inspected State Party

Attachment 5. Agreed Activities

Attachment 6. Inspection Equipment Support/Restrictions

Part A. Equipment Provided or Operated by Inspected State Party

Part B. Monitoring Systems Installed and Supported by Inspected State Party

Part C. Special Handling Requirements for Equipment or Supplies

Part D. Restrictions to Equipment Use

Attachment 7. Sampling and Analysis Procedures

Attachment 8. Chemical Munitions Tagging Procedures

Attachment 9. Records to be Maintained by Facility

Attachment 10. Sealing Procedures

Attachment 11. Procedures for Opening Containers for Inventory

Attachment 12. Standardised Preliminary Inspection Report Format

Attachment 13. Services to be Provided by Inspected State Party

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