(26 - 30 September 1994)

REPORT OF THE EXECUTIVE SECRETARY

THE INTERSESSIONAL PERIOD

4 July to 24 September 1994

1. GENERAL AND LEGAL ISSUES

Signatures and ratifications

1.1 Since the close of the Seventh Session, the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and On Their Destruction has not been signed by any additional States. The number of signatory States therefore remains at 157. The Executive Secretary has continued to provide information to a number of non-signatory States during this intersessional period.

1.2 In the same period six States deposited their instruments of ratification with the Secretary-General of the United Nations, as Depositary of the Convention: Cook Islands (15-07-94), Spain (03-08-94), Bulgaria (10-08-94), Germany (12-08-94), Sri Lanka (19-08-94) and Mexico (29-08-94). Accordingly, the number of ratifications now stands at 14.

Projections concerning ratification

1.3 The Secretariat has discussed progress towards ratification with a wide selection of Member States representing approximately one quarter of the membership of the Commission. Whilst all confirmed their original commitment to early ratification and a wish to see entry into force at an early date, only one-third of those consulted indicated that they definitely expected to deposit an instrument of ratification before the end of 1994. One or two were equally definite about deposit early in 1995. Most of the remainder indicated that they were working to a target of deposit in 1994, but that pressure of other parliamentary business, including elections in some cases, could cause the programme to slip, giving a greater or lesser degree of uncertainty to their estimated ratification timetable.

1.4 From this information, the Executive Secretary has concluded that the recent rate of deposit of instruments of ratification by Member States, that is four or five per month, is likely to be maintained over the next few months, provided that there is no change in the degree of political commitment on the part of the international community to the Convention. The Executive Secretary has, therefore, instructed the Secretariat that high priority should be given to completion of all preparations foreseen for the 180 days between the deposit of the 65th instrument of ratification and entry into force. Any items requiring decision of the Commission should be brought forward not later than the Tenth Session of the Commission. The Executive Secretary recommends that the Commission ask relevant subsidiary bodies to respect the same deadline.

1.5 Several Member States have published an edition of the Convention for ratification purposes and for distribution to government agencies, industry and other interested parties, either in an official language of the Convention or in the language(s) of the Member State. The Executive Secretary would like to thank those Member States which have already submitted a copy of such editions for inclusion in the collection being assembled for the Secretariat's archives, and reiterates his invitation to other Member States to forward their editions once they are finalised.

Procès-Verbal of rectification of the original of the Convention

1.6 Pursuant to the decision adopted by the Commission at its Sixth Session (PC-VI/22, subparagraph 9 (a)), the Depositary of the Convention initiated the procedure for rectification of the errors in the authentic text of the Convention in accordance with the tables attached to PC-VI/7* and Corr. 1. The rectification procedure was completed on 8 August 1994 and Depositary Notification C.N.246.1994.TREATIES-5 was issued, transmitting the Procès-Verbal of Rectification of the Original of the Convention. The contents of the Procès-Verbal were communicated to Member States in PC-VIII/3.

1.7 The Secretariat has begun preparing a corrected version of the Convention in each of the official languages, in accordance with the Depositary's rectification.

1.8 It has come to the Secretariat's attention that certain grammatical adjustments to the Spanish text of the Convention would become necessary for the corrections to be effected in it. A Corrigendum of the Spanish table of corrections has thus been prepared (PC-VI/7*/Corr.2) which, if the Commission so agrees, shall be communicated to the Depositary.

Provident Fund

1.9 Following the decision taken by the Commission during its First Session (PC-I/4, paragraph 20), the Executive Secretary informed the Commission on 25 June 1993 of the establishment of the Provident Fund on the basis of the Commission's decision and of the deposit of the Charter of the Provident Fund with the Secretary-General of the Permanent Court of Arbitration, who is acting as the Depositary (PC-III/5, paragraph 2.3). The Management Board, elected in accordance with the Charter, drafted the Administrative Rules of the Provident Fund, which were promulgated by the Executive Secretary on 21 April 1994 (PC-VIII/6) in accordance with Regulation 6.1 of the Staff Regulations. The Charter, as contained in PC-VIII/5, is being placed before the Commission at its Eighth Session for confirmation based on its previous decision.

OPCW data bank on protection against chemical weapons

1.10 A request for documents for the OPCW data bank on protection was addressed to Member States in January 1994. By mid-September 1994 only two Member States had responded. The Executive Secretary urges Member States which have not yet made a contribution to contact the Secretariat as soon as possible. In the meantime the Secretariat has initiated its own active search for documents for the data bank, albeit on a modest scale because of budgetary limitations.

Electronic communication between Member States and the Secretariat

1.11 The Executive Secretary notes that approximately 15 Member States have already established electronic communication links with the Secretariat, and invites all other Member States considering the possibility of availing themselves of the Secretariat's database resource to contact the Head of the Information Systems Branch, who will assist them with any advice or clarification they may need.

2. VERIFICATION-RELATED ISSUES

Declaration Handbook

2.1 The Secretariat has developed and distributed to Member States for evaluation and testing those sections of the draft Declaration Handbook which are related to industrial declarations (Schedule 1, 2 and 3 chemicals and those chemicals-related facilities and other chemical production facilities corresponding to Parts VI, VII, VIII and IX of the Verification Annex). The Secretariat also issued sections of the draft Declaration Handbook related to chemical weapons and old and abandoned chemical weapons. The Secretariat awaits suggestions from Member States for improvement of the above-mentioned sections of the draft Declaration Handbook.

Procurement of inspection equipment

2.2 On 1 August 1994 the Executive Secretary issued a Note entitled Procurement of Inspection Equipment for Evaluation and Training of Inspectors (PC-VIII/B/1), which requested Member States to assist the Secretariat in identifying companies which may be interested in bidding for contracts to supply one or more of the types of equipment for evaluation and for use in the training of candidate inspectors for the Technical Secretariat of the OPCW. The Note stressed that, on the basis of these expressions of interest, the Secretariat will compile its initial tender list for each type of equipment from those companies which have, by 1 October 1994, notified the Secretariat that they wish to be included on such a list. As of 23 September 1994 the Secretariat had received thirteen written responses in regard to the above-mentioned Note. The Executive Secretary has therefore decided to extend the 1 October 1994 deadline to 1 January 1995. In the case of long lead-time items, the Secretariat may need to proceed on the basis of information provided at the earlier date. The Executive Secretary requests Member States to provide the Secretariat with the relevant information as soon as is practically possible. The Secretariat has also sent advance copies of the Note to 33 companies in ten Member States which had previously communicated to the Secretariat their interest in supplying equipment to the Organisation.

OPCW Laboratory/Equipment Store fit-up and rental costs

2.3 Based on the recommendations of the Expert Group on Programme of Work and Budget (paragraph 11.11 (h) of PC-VIII/A/WP.7) and the meeting of the Committee on Relations with the Host Country which was held on 1 September 1994, the Commission is requested, firstly, to endorse the Committee's recommendation that the OPCW Laboratory and Equipment Store be located at the site identified by the Secretariat at Heulweg 28/30, Rijswijk; secondly, to authorise the Secretariat to prepare with the landlord of the facility a draft rental agreement for signature in 1994, to enable the Secretariat to take up occupation of the Laboratory from the beginning of 1995; and third, to ensure that appropriate funding arrangements are made to cover the payment of the required fit-up costs for the Laboratory. The Executive Secretary believes that this can be achieved within the authorised 1994 Budget.

Quality assurance issues

2.4 Work is almost completed on the study to assess the financial implications for the Organisation of implementing a quality assurance/quality control (QA/QC) regime for the Verification Division, including the Inspectorate and the OPCW Laboratory and the network of designated laboratories, as requested by Working Group B. This study is being carried out by the Laboratory of the Government Chemist (LGC) in the United Kingdom, whose draft report is currently being evaluated by the Secretariat.

Inter-laboratory comparison test

2.5 The first inter-laboratory comparison test sponsored by the Secretariat was recently completed. Laboratories from 20 Member States reported on the analyses of samples carried out by them in the course of the test. The final Report containing the evaluation of the results of the test will be available from the Secretariat shortly. The Secretariat plans to run another inter-laboratory comparison test early in 1995. Preparations for this test are underway. Laboratories of Member States that expressed interest in doing so but were not able to participate in the above-mentioned first test will be given first preference in the forthcoming test.

Deployment of Inspectors

2.6 Certain aspects of the discussions at the Consultations on Travel Documents and Visas for OPCW Officials held on 3 August 1994 suggest that some Member States may not be fully aware of the Secretariat's planning assumptions with respect to the deployment of inspectors, particularly during the first three years after EIF. The Executive Secretary believes that any arrangements to be agreed by Member States in regard to travel documents and visas for OPCW officials should be such as to permit the Technical Secretariat to retain maximum flexibility in the deployment of inspectors within the limits established by the Convention. The rationale for this approach has been laid out in the recently issued Note by the Executive Secretary (PC-VIII/B/3).

3. ADMINISTRATIVE AND ORGANISATIONAL ISSUES

3.1 Annex 1 to this Report contains a statement of income and expenditure as of 31 August 1994; Annex 2 itemises the status of appropriations as of 31 August 1994; and Annex 3 describes the status of payments by Member States of assessed contributions as of 20 September 1994. Annex 4 contains the staffing structure of the Secretariat (with reference to professional and higher category staff only).

Recruitment for the Inspectorate

3.2 The number of applications received for Inspectorate trainee positions totalled 1,105 as of 19 September 1994. Applications are on hand from individuals from sixty-six Member States. The regional breakdown of applications received so far is: Africa: 5%; Asia: 40%; Eastern Europe: 9%; Latin America: 4%; and WEOG: 42%. Eight percent of applications received have been from women. Four hundred and fifty-five, or 41% of the applications, are from two Member States: one in the Asian Group (25%), and one in WEOG (16%).

3.3 Initial screening of the applications is well-advanced. The Secretariat recently wrote to all applicants to ascertain whether, in light of the evident delay in the date of entry into force and thus the commencement of the training schedule, they would still wish to maintain their applications. Pleasingly, the great majority of responses received thus far has been in the affirmative.

3.4 The draft 1995 Budget submitted for the Commission's approval is based on the assumption that the total number of inspectors authorised for recruitment will be increased by 26 in comparison with the number authorised in the 1994 Budget. Upon the Commission's approval of the proposed 1995 Budget, the Secretariat will therefore reissue the Vacancy Notices to indicate the revised number of vacancies for each category of inspector trainee in each of the two training groups.

3.5 The results of the initial screening of the applications have led the Executive Secretary to conclude that, in spite of the impressive number of applications received so far, the number of suitably qualified candidates is insufficient for most of the categories of inspector trainee identified in the original Vacancy Notices sent out under cover of the Secretariat's Note 60/94 dated 24 January 1994, if one also takes into account the figures contained in paragraph 3.2 above. The Executive Secretary therefore urges Member States to continue to take all appropriate measures to encourage applications from persons suitably qualified and experienced for Inspectorate trainee positions. As indicated at the last Session of the Commission, the Executive Secretary will continue to adopt a flexible attitude to the deadline for receipt of applications.

Current staffing

3.6 Following finalisation of the proposed 1995 Budget by the Expert Group on Programme of Work and Budget, the number of authorised posts for Part I of 1994 totals 112. Of these 112 posts, 106 are currently filled by staff members on fixed-term contracts, while recruitment to the remaining six is in progress.

3.7 Appointments at the professional level were made to citizens of the following Member States: Finland, the Netherlands and Zimbabwe.

3.8 The total number of professional and higher category staff is currently 57, while the number of nationalities represented in this category stands at 35. The regional breakdown of nationalities represented in the professional and higher category is as follows: Africa: 11%; Asia: 23%; Eastern Europe: 14%; Latin America: 11% and WEOG: 41%.

3.9 Following the acceptance of two new offers of appointment, the number of female staff members in the professional and higher category has increased from 5 to 7, and the female/male ratio in that category is now 12%. The Executive Secretary continues to be concerned at the under representation of women amongst staff in the professional category, and actively encourages applications for such positions from suitably qualified women candidates.

Staff administration

3.10 The Secretariat was invited by the International Court of Justice to participate as an observer in the local salary survey for the General Services category which was held in The Hague in June 1994. The Secretariat will provide the next meeting of the Finance Group with a summary briefing on the findings of the survey report which emerged from this exercise.

3.11 As the Secretariat is currently proceeding from the assumption that the Convention could enter into force in the first half of 1995, it will soon be necessary to be in a position to offer future staff, including inspectors, a recruitment package based on the future OPCW staff policy.

Staff relations

3.12 The Joint Advisory Board envisaged in Staff Regulation 8.1 has been established and will begin work shortly with the consideration of matters covered by its mandate, including the review and updating of all Administrative Directives which have been issued to date. The Council of the Staff Association meets regularly to discuss issues of concern raised by its members. The Council is also involved in the planning of the new OPCW building and is represented on the Evaluation Panel.

Conference and language services

3.13 During the period under review the Secretariat continued to service different organs of the Commission by arranging meeting rooms and providing accommodation, interpretation for meetings, and the translation, processing, and distribution of official documentation. The Secretariat continued to provide ad hoc interpretation at the request of Member States. Three such requests were submitted and interpretation was provided to assist national experts to participate fully in the deliberations of the Expert Groups. It should, however, be noted that it is rather difficult to provide ad hoc interpretation without proper technical facilities. It is advisable to provide reasonable advance notice of such requests for interpretation. In future the Secretariat will provide only simultaneous interpretation.

4. RELATIONSHIP WITH STATES AND INTERNATIONAL ORGANISATIONS

4.1 In cooperation with the Government of Peru, a regional seminar on National Implementation of the Chemical Weapons Convention for Latin America and the Caribbean region was organised in Lima from 1 - 3 September. The seminar was attended by delegations from eighteen regional States, two States from outside the region with observer status, and non-governmental organisations and research institutes which had been invited to provide speakers and information. A similar regional seminar for Africa was organised in Pretoria in cooperation with the Government of the Republic of South Africa from 12 - 14 September. This seminar was attended by over 120 participants, including delegations from 38 regional States, 10 States from outside the region with observer status, and non-governmental organisations, research institutes, and international support centres.

4.2 In cooperation with the Governments of Kuwait and Indonesia, similar regional seminars on National Implementation will be organised in Kuwait City (5-6 November) and Jakarta (28-30 November) respectively. There are plans for the organisation of other follow-up regional seminars in Latin America and the Caribbean and Africa.

4.3 Several States and non-governmental organisations have contributed to or have expressed their intention of making voluntary financial contributions towards the organisation of regional seminars, and the Secretariat has opened two special accounts for receiving such contributions in either US dollars or Dutch Guilders. The Executive Secretary is particularly grateful for the voluntary contributions from the Governments of Norway and Sweden, as well as the International Support Centre for the CWC and the Harvard-Sussex Programme of CBW Armament and Arms Limitation. To coincide with the Eighth Session of the Commission, a seminar on National Implementation will be organised in The Hague on either 30 September or 1 October 1994.

4.4 After discussions with Peruvian authorities and addressing the above-mentioned regional seminar on National Implementation, the Executive Secretary also visited Venezuela from 5 - 6 September for discussions with authorities concerned with the implementation of the Convention and to establish contact with representatives of the national chemical industry. Besides addressing the regional seminar on National Implementation of the Convention in South Africa, the Executive Secretary exchanged views on the future implementation of the Convention with representatives of the Government of South Africa, as well as with representatives of the chemical industry.

4.5 Other Secretariat staff undertook visits in preparation for the setting up of the OPCW Laboratory and the development of contacts with international organisations in order to benefit from their experience of staff policies, health and safety, procurement issues and media and visa-related procedures and practices. Visits were also undertaken for the following purposes: participation in the evaluation process for the inter-laboratory comparison tests; meeting with representatives of the African States; discussions on issues related to the OPCW building; discussions on the problems posed by the disposal of old chemical weapons produced before 1925; and participation in a meeting of international organisations dealing with the coordination of language arrangements, documentation and publications. At the invitation of the National Institute of Engineering and Industrial Technology (INETI), Queluz, Portugal, the Head of the Industry Relations Branch visited Portugal on 15 - 16 September and held discussions with industry representatives. Other visits for the development of direct contacts with industry were also undertaken, with a special focus on the region of Latin America and the Caribbean.

4.6 The Secretary-General of the Western European Union (WEU), Dr. Van Ekelen, paid a visit to the Secretariat on 22 August and was received by the Executive Secretary, who briefed him on the Commission and its work. It was agreed that the Secretariat would be invited to attend one of the meetings of the WEU this autumn as part of its outreach efforts.

4.7 The Kingdom of the Netherlands hosted two courses for personnel from National Authorities of developing countries from 18 July - 12 August and from 25 July - 5 August respectively at the Instituut Defensie Leergangen in Rijswijk. The courses were attended by a total of 74 participants from 43 Member States and were run by the Prins Maurits Laboratory of the TNO, in cooperation with the Secretariat. The courses were well received by the participants, who also expressed an interest in seeing the same or similar courses being made available to the widest possible group of National Authorities' personnel.

5. INTERSESSIONAL WORK OF SUBSIDIARY BODIES OF THE COMMISSION

Committee on Relations with the Host Country

5.1 The Committee on Relations with the Host Country held two meetings. The first meeting, held on 8 July 1994, was chaired by Mr. S. Kisselev on behalf of the then Commission Chairman, Ambassador G. Berdennikov of the Russian Federation. The second meeting, held on 1 September 1994, was chaired by Mr. A. Hernandez-Basave on behalf of Ambassador M. Marín-Bosch of Mexico, the current Commission Chairman. It should be noted that, although a separate Report was issued of the meeting held on 8 July 1994 (PC-VIII/HC/1), the more recent Report entitled Meetings during the Seventh Intersessional Period (PC-VIII/HC/5) may be viewed as a consolidated account of the Committee's deliberations during the current intersessional period.

5.2 The Committee adopted the Report of the Task Force on Accommodation of the Commission and the OPCW (PC-VIII/HC/WP.6), and recommended that the Commission extend its existing mandate and instruct it to submit to Member States all material necessary to facilitate a decision by the Ninth Session of the Commission on the interim and permanent accommodation of the Commission/OPCW. It was agreed that the offers of the three property developers had to be comparable, and that the outstanding question of the land-price of the Catsheuvel site be resolved. The Committee noted the letter forwarded to the Mayor and Aldermen of the Municipality of the Hague by the Commission Chairman and the Executive Secretary concerning the land-price, and approved a draft letter from them to the Minister of Foreign Affairs of the Kingdom of the Netherlands on the same matter. The Committee recommended that the option of an existing building should be retained, and that - pending clarification of the three offers for a tailor-made building - the Secretariat should continue to monitor the availability of rental accommodation. The Committee further recommended that the building at Bontekoekade 4 be abandoned as an option. The Secretariat was requested to present for consideration only buildings which, with little modification, will meet the Commission's requirements.

5.3 As far as interim accommodation for the Commission/OPCW was concerned, the Committee endorsed the recommendation of the Task Force that the cost of interim accommodation be budgeted at Dfl. 1.8 million for Phase II of the Commission (six months), and at Dfl. 3 million for the first year of the OPCW. The Committee further recommended that any future discussions concerning the rental price of interim accommodation should allow fully for the cost of the security option, including any additional security measures that may be found necessary.

5.4 The Executive Secretary's assessment of possible sites for the OPCW Laboratory was received by the Committee, which recommended that the OPCW Laboratory and Equipment Store be located at Heulweg 28/30 in Rijswijk. The Secretariat was directed to give careful consideration to the security implications of implementing this recommendation, which is examined in greater depth in paragraph 2.3 of this Report.

WORKING GROUP A

Data Systems

5.5 The Expert Group on Data Systems, under the chairmanship of Mr. Olivier Caron of France, met on 20 and 22 July 1994, and again on 24 August 1994, and produced its Seventh and Eighth Reports. It also held an ad hoc meeting on 19 September 1994. The Expert Group's work was facilitated by meetings of the Task Force on Data Systems held on 18 - 19 July 1994 and on 22 - 23 August 1994. The first of its two Reports (PC-VIII/A/WP.2) focused on discussion of the Information Management System (IMS) security model and the review of the draft Information Systems Branch budget proposed by the Secretariat. On the question of the security model, the Group solicited further information from Member States concerning the possible need to store certain types of information separately, and identified an urgent need to develop a clearly-defined need-to-know principle. The Group also made a series of recommendations concerning the draft IMS budget proposal, which the Secretariat was requested to incorporate into its submission to the Expert Group on Programme of Work and Budget. In its Eighth Report (PC-VIII/A/WP.6), the Group agreed that the reaching of agreement on the IMS security model prior to the finalisation of the 1995 Budget was of paramount importance. The Group was not, however, in a position to agree on a security model, and recommended that the Expert Group on Programme of Work and Budget should, at this stage, keep all options open. At the same time, the Secretariat was requested to detail the security features that can be implemented within the current Budget allocation. The Group also considered the Finnish offer and recommended that it be referred to the Commission for favourable consideration as a stand-alone system.

5.6 The Group revisited the matter of a security model for the OPCW at an ad hoc meeting held on 19 September 1994 and conducted an initial discussion of a Secretariat paper on technical data systems security options that it had requested at its previous meeting. The Group agreed that these options warrant detailed technical consideration by the Data Systems Task Force. The Expert Group also agreed to schedule a Task Force meeting in October 1994 in The Hague. The Expert Group also considered the Secretariat's evaluation report on the United States offer, but failed to reach agreement on a recommendation in relation to its acceptance. The assessment in the evaluation report regarding the functionalities provided by the United States software found endorsement by the Group. An agreement, however, to the assessment that the United States offer is consistent with all four proposed technical systems security options was not possible at this stage and, as a consequence, the Group was not in a position to agree on a report.

OPCW Headquarters Agreement

5.7 The Expert Group on OPCW Headquarters Agreement, under the chairmanship of Professor Natalino Ronzitti of Italy, met from 25 - 26 July 1994 and produced its Second Report (PC-VIII/A/WP.3). The Group considered a preliminary draft Headquarters Agreement prepared by the Secretariat, and requested the Secretariat and representatives of the Host Government to commence consultations on the basis of the draft as amended by the Expert Group, and to report back to the Group at its next meeting.

Finance Group

5.8 The Finance Group, under the acting chairmanship of Mr. A. Plaga of Germany in the absence due to illness of Mr. K.M. Lal, met from 1 - 5 August 1994, and produced its Third Report (PC-VIII/A/WP.4 and Corr.1). The Group's comprehensive Report made detailed recommendations concerning the draft Programme of Work and Budget for 1995, as well as on the External Auditor's recommendations on the Audited Financial Statements of the Provident Fund, appropriations, the financial position, the accounting system, the purchase system, and control of fixed assets. The Group also made recommendations concerning the funding and budgetary arrangements for the procurement of certain inspection and laboratory equipment.

Programme of Work and Budget

5.9 The Expert Group on Programme of Work and Budget, under the chairmanship of Ambassador Jorge Morales Pedraza of Cuba, met from 15 - 25 August 1994 and again on 2 September, and, after consideration of the Report of the Third Meeting of the Finance Group, produced its Report (PC-VIII/A/WP.7). The Group made detailed and comprehensive recommendations on the proposed Programme of Work and Budget of the Commission for 1995 (Annex to PC-VIII/A/WP.7), which will be submitted to the Eighth Session of the Commission for approval. The Group's views on the remaining staffing proposals submitted by the Executive Secretary were incorporated into this Budget document. The Group considered various other issues including the preliminary estimates for the 1996 Budget, which were referred back to the Secretariat for review, in the light of the approved Budget for 1995. The Group addressed a series of recommendations to the Eighth Session of the Commission concerning the implementation of the principles of the United Nations Accounting Manual as recommended by the External Auditor, the duration of the Ninth Session of the Commission, and the establishment of a Special Account for the Procurement of Equipment for the carrying over of 1994 inspection and laboratory equipment-related appropriations into 1995, although this was not to be viewed as constituting a precedent.

5.10 The Group also recommended that Member States which have yet to pay their 1993 and 1994 assessments in full should do so as soon as possible, and further recommended that the Commission request a Report to its Ninth Session on action taken to collect unpaid contributions for 1993 and 1994. It was recommended that the Chairman of the Commission and the Executive Secretary should seek additional funding from the Host Country for the rental of additional premises, within the overall maximum funding currently envisaged by the Host Country. The Commission was also invited to endorse the principle that the appropriation of money for the rental of premises does not constitute authorisation to expend these funds, something which the Commission alone may determine.

5.11 While the Group recognised the importance of the Financial Rules regarding the transmittal of the proposed 1995 Budget to all Member States, it agreed that it was not in a position to complete its work in a timely manner. The Executive Secretary invited Member States to take these constraints into account when they prepare the Schedule of Meetings for the forthcoming intersessional period, and thereby to allow the Secretariat sufficient time for the translation and processing of documents.

Expert Group on Administrative, Financial and Personnel Matters

5.12 The Chairman cancelled the meeting of this Group scheduled for 15-16 September 1994, and Member States were instead invited to study a Chairman's Questionnaire on the Elements of the OPCW Staff Policy (PC-VIII/A/WP.10), a background paper on the Staff Policies of some International Organisations (PC-VIII/A/WP.9), and a Note by the Executive Secretary entitled Basic Parameters for Preparation of Draft OPCW Staff Policy (PC-VIII/A/3). The Executive Secretary would be grateful to receive written responses from Member States concerning the Chairman's Questionnaire and the Executive Secretary's Note.

Consultations on OPCW Media Policy

5.13 Consultations on the OPCW Media Policy were held under the chairmanship of Dr. Radoslav Deyanov of Bulgaria on 3 August 1994 on the basis of a general background paper, a draft OPCW media policy, and a draft indicative list of general information for the media and the general public. The consultations produced a Report (PC-VIII/A/WP.5). The Secretariat is preparing an updated draft for future discussions on the issue.

Consultations on travel documents and visa-related matters

5.14 Consultations under the chairmanship of Mr. D.W. Schiff of the Netherlands also took place on 3 August 1994 concerning travel documents and visa-related matters for the OPCW, on the basis of a Secretariat discussion paper. The consultations produced a Report (PC-VIII/A/WP.8). It was agreed that the Secretariat should conduct a survey of the practices of Member States in this area with a view to seeking relevant information, in particular in relation to visa requirements and the types of documents inspectors would be required to carry.

WORKING GROUP B

Inspection Procedures

5.15 The Expert Group on Inspection Procedures, under the chairmanship of Mr. Sergei Kisselev of the Russian Federation, met twice during the current intersessional period, on 11 - 15 July 1994 and again on 20 September 1994, and produced two Reports (PC-VIII/B/WP.2 and Corr.1, and PC-VIII/B/WP.12). At its first meeting, the Group adopted the technical specifications for certain types of equipment. The Group communicated a number of recommendations for the 1995 Budget on equipment-related issues to the Expert Group on Programme of Work and Budget. In this context, the Group emphasised that the Secretariat should purchase only inspection equipment whose operational requirements have been approved by the Commission and whose technical specifications have been developed by the Task Force on Equipment Issues and approved by this Expert Group.

5.16 The Group requested the Secretariat to ensure that the selection of successful bids for and the procurement of inspection equipment be fully transparent. Member States were invited to provide the Secretariat with information concerning their potential contact points for the supply of equipment (PC-VIII/B/1). The Group also requested the Secretariat to develop decontamination procedures and standards for inspection equipment.

5.17 The Group reached agreement on the "Procedures for the inspection by the inspected State Party at the point of entry/point of exit (POE) of approved equipment carried by the inspection team" and recommended them for adoption by the Commission. This constitutes completion of the Commission's task under subparagraph 12 (f) of the Paris Resolution, and therefore enables the adoption of these procedures by the First Conference of the States Parties as required under paragraph 29 of Part II of the Verification Annex. In this context, the views of a number of delegations on the selection of approved equipment by the Technical Secretariat for a particular type of inspection were recorded.

5.18 The Group also recommended for adoption by the Commission the understandings on "The use of approved equipment during on-site inspections". The Group further discussed post-inspection activities in relation to equipment, including the issue of the possible retention of the inspection equipment in the inspected State Party and agreed to return to the issue at its meeting on 20 September 1994.

5.19 The Group reviewed two Secretariat papers on "The Use of Non-scheduled Aircraft in accordance with Paragraphs 22 - 25 of Part II of the Verification Annex" and the "Use of Approved OPCW Portable Communications Equipment during On-site Inspections" and recommended further revisions to these papers.

5.20 At its second meeting on 20 September 1994, the Group concentrated its efforts on the review of the Task Force reports and recommendations for the following Task Force meetings: Analytical Databases; Data Format for GC-MS and IR Spectrometry; GC-MS Data Set; Health and Safety Inspection Equipment; and Sampling and Sample Preparation.

5.21 The Group received the report of the Specialist Task Force on Analytical Databases, which met from 12 - 14 September 1994 and noted that it continued to make good progress. It agreed that, with respect to the gaps in the spectral data available, it was first necessary to assign an order of priority to those compounds for which data was not currently available and then to request Member States to assist the Secretariat in obtaining the necessary spectral data. The Group also agreed that, in order to complete its work, the Task Force should meet again and provide technical recommendations to the Group on the most appropriate architecture for the OPCW database. The data format for inclusion in any request for the purchase of GC-MS and infrared spectrometers developed by the Task Force was also adopted by the Group.

5.22 The Group received the report of the Specialist Task Force on the GC-MS Dataset which met on 9 September 1994. The Group approved the proposed mixtures, based on appropriately spiked soil, rubber and paint samples, to produce a data set for use in the benchmark testing of the data analysis system for the GC-MS equipment.

5.23 The Group received the report of the Specialist Task Force on Inspection Equipment Issues, which met from 25 - 27 July 1994 to develop the technical specifications for health and safety items of inspection equipment. The Group approved the technical specifications for thirteen items of health and safety equipment.

5.24 The Group received a second report from the Specialist Task Force on Inspection Equipment Issues, which met on 15, 16 and 19 September 1994 to develop work instructions for sampling and sample preparation and associated equipment lists and specifications. The Group approved the equipment list and specifications for a standard sampling kit and also took note of the recommendation of the Task Force that validation by Member States, on a voluntary basis, of the sample preparation methods should start with those methods submitted to the Secretariat by the end of 1994.

5.25 The Secretariat presented a background paper setting out its proposed procedures for the issuing of requests for purchase, assessment of bids and awarding of contracts for inspection equipment. The Chairman encouraged members of the Group to review the paper and provide any comments on the draft to the Secretariat prior to the next meeting of the Group.

5.26 In addition to making a series of detailed recommendations to Working Group B in relation to matters arising out of the work of the three Task Forces under its purview, the Group requested that: the Task Force on the Analytical Database meet again to complete its work and also make technical recommendations on the most appropriate architecture for the OPCW analytical database; the Task Force on Inspection Equipment Issues meet again to complete its work on the development of technical specifications for the outstanding health and safety items on the approved list of inspection equipment as contained in PC-VIII/A/WP.7; the Secretariat prepare for consideration by the Group, at its next meeting, a list containing the justification, types, quantities and estimated unit prices of health and safety equipment items for which budgetary provision for 1995 has been made but operational requirements have not yet been agreed. Using this list the Group will decide which, if any, of these items should be added to the approved equipment list. The Group will then request the Task Force on Inspection Equipment Issues to develop specific operational requirements and technical specifications for any approved items for consideration by the Group.

Confidentiality

5.27 The Expert Group on Confidentiality, under the chairmanship of Mr. Antony Taubman of Australia, met on 18 - 19 July 1994, and produced its Fourth Report (PC-VIII/B/WP.3). The Group focused on the following principal outstanding issues and draft sections intended for inclusion in the integrated draft OPCW Policy on Confidentiality: the general principles for the handling and protection of confidential information; the composition and procedures of the "Commission for the settlement of disputes related to confidentiality" (paragraph 23 of the Confidentiality Annex of the Convention); and the responsibility of States Parties in relation to breaches of confidentiality.

5.28 The Group also considered administrative arrangements in relation to the confidentiality policy, including the question of the way in which the Director-General may exercise or delegate various forms of authority.

5.29 With regard to the Confidentiality Commission, the Group noted that various aspects of the issue required further careful study, including: the Commission's role in dispute resolution mechanisms under the Convention and in relation to Article XIV; the scope and functions of the Commission within the overall dispute resolution mechanisms, including the range of matters which might come before it; the convocation of the Commission; the composition and the operating status of the members of the Commission; and rules governing the Commission's operating procedures, and the standing of its findings.

5.30 The Group continued to review the general issue of the responsibilities of States Parties in response to a breach of confidentiality. It reviewed the relevant discussion paper by the Executive Secretary (PC-VII/B/WP.1), but was unable at this stage to reach firm understandings on that subject.

5.31 Due to lack of time and the need for further study of the outstanding issues by the Secretariat and in capitals the Group was unable to complete its deliberations on any of the issues on its agenda and therefore recommended that Working Group B schedule a week-long meeting of the Group for the next intersessional period in order to allow it to complete the draft OPCW Policy on Confidentiality.

Chemical Industry Issues

5.32 The Expert Group on Chemical Industry Issues, under the chairmanship of Mr. Adam Noble of the United Kingdom of Great Britain and Northern Ireland, met on 1 - 2 August 1994 and again on 14 September 1994, producing its Fifth and Sixth Reports (PC-VIII/B/WP.5 and PC-VIII/B/WP.10).

5.33 The Group also considered the issue of a specialist Task Force on the recording of the export and import of scheduled chemicals.

5.34 At its second meeting during this intersessional period, the Group reached agreement on understandings in regard to the following issues: recycled Schedule 2 chemicals; the meaning of "production" in the context of Schedule 1 production facilities covered under Article VI; and past production of Schedule 1 chemicals at facilities having a capacity above one tonne per year, for purposes not prohibited under the Convention.

5.35 In relation to the Task Force on the recording of exports and imports of scheduled chemicals, Mr. Ian Marrs of Canada, in his capacity as a Friend of the Chair, prepared a discussion paper which was considered by the Group at its meeting on 14 September 1994. During that meeting, a view was recorded that the Secretariat approach the Customs Cooperation Council with the suggestion that the Harmonised Commodity Description and Coding System (HS System) be modified to take account of the requirements under the Convention to record exports and imports of scheduled chemicals, and that this be considered at the November 1994 meeting of the Harmonised System Committee of the Customs Cooperation Council, with the Secretariat in attendance.

Training

5.36 The Expert Group on Training, under the chairmanship of Mr. Behnam Behrooz of the Islamic Republic of Iran, met on 31 August 1994 to continue discussions on issues related to the implementation of the General Training Scheme (GTS). The Group produced its Fifth Report (PC-VIII/B/WP.7).

5.37 The Group noted that shortages exist in M2 and M3 training and recommended that Member States be encouraged to make firm offers of training with a view to meeting the shortages. The Secretariat was requested to begin a study of complementary and alternative options to national offers of M2 and M3 training.

5.38 The Group suggested that Member States which have made or are developing offers for training should review those offers to ensure that the details of all costs and all equipment requirements are provided to the Secretariat. This will facilitate the Secretariat's review of the training programme's cost-effectiveness with a view to reducing programme costs, bearing in mind the level of resources that will be allocated for training in the 1995 Budget of the Commission. The Group also recommended that Member States be encouraged to submit their certification information sets to the Secretariat as soon as possible.

Chemical Weapons Issues

5.39 The Expert Group on Chemical Weapons Issues, under the chairmanship of Mr. Sylwin Gizowski of Poland, met from 5 - 9 September and produced its Second Report (PC-VIII/B/WP.8). The Group concentrated its efforts on the issues of: conversion of a chemical weapons production facility for non-prohibited purposes; inspection activities at a chemical weapons production facility; a model facility agreement for a chemical weapons storage facility; and the costs of verification under Articles IV and V. Although some progress was made, it was not possible to reach consensus on any of these issues and further consultation will be required. The Group recommended that Working Group B 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. The Group also recommended that Working Group B assign the highest priority to completing work on the model facility agreement for a chemical weapons storage facility when determining the tasks for the next meeting of the Group.

5.40 The Secretariat presented the Group with a first draft of that section 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 chemical weapons declarations. The Chairman requested delegations to review the draft and to provide comments to the Secretariat.

5.41 Many tasks remain to be completed by this Expert Group and their resolution continues to prove difficult. These issues include, inter alia: the conversion of CW production facilities to purposes not prohibited by the Convention; model facility agreements for chemical weapons facilities; the status of chemicals identified under Part IVA, subparagraph 1 (c)(iv) of the Verification Annex; and a number of issues in relation to chemical weapons destruction facilities.

Old and Abandoned Chemical Weapons

5.42 The Expert Group on Old and Abandoned Chemical Weapons, under the chairmanship of Dr. Peter Kresja of Austria, met on 12 - 13 September 1994 and produced its Third Report (PC-VIII/B/WP.9). The Group discussed the development of criteria for determining "usability" with respect to chemical weapons produced between 1925 and 1946, and the associated issue of verification and destruction requirements for old chemical weapons produced between 1925 and 1946; development of recommendations on all aspects of the verification regime for abandoned chemical weapons; and ways to resolve the issue of the cost of the verification of old chemical weapons and their destruction. Although progress was made, particularly with respect to the regime for abandoned chemical weapons, it was not possible to reach consensus on any of these issues and further consultation will be required.

5.43 The Secretariat informed the Group that a first draft of the relevant section of the Declaration Handbook would be ready by 19 September 1994 and available, on request, to Member States. Members of the Group were encouraged to provide comments on the draft to the Secretariat. Comments received will be collated and made available to Member States, on request. If all comments cannot be incorporated into the Handbook or otherwise resolved, it may be necessary to discuss them at some future date.

5.44 The Group recommended that Working Group B request the Chairman of the Group to conduct private consultations with a view to resolving the remaining issues related to old chemical weapons and abandoned chemical weapons. The Group further recommended that the Chairman of Working Group B undertake consultations with interested delegations on how best to address the issue of abandoned chemical weapons buried on the territory of a State Party after 1976 or dumped in its waters after 1984 and task appropriate Expert Groups to consider it.

Technical Cooperation and Assistance

5.45 The Expert Group on Technical Cooperation and Assistance, under the chairmanship of Mr. Sarvajit Chakravarti of India, met from 27 - 29 July and produced its Fifth Report (PC-VIII/B/WP.4). The Group reviewed the two lists, developed during its previous meetings, of categories of information to be provided by States Parties under Article X, paragraph 4, on national programmes related to protective purposes. While reiterating that the draft list of mandatory information could not be reduced, the Group was unable to agree on further expansion of that list. The Group continued discussions on issues arising from Article XI and related provisions. There was a divergence of opinion with regard to some basic principles, and the Chairman stated his intention of dealing with these issues at the next meeting of the Group. The Group also requested the Secretariat to prepare a study by collecting information, especially from interested Member States, on the types of information that could be included in a database to facilitate the exchange of information relating to economic and technological development in the field of chemicals.

6. REFLECTIONS

When the Commission started its work more than one-and-a-half years ago there was a planning assumption, based on a clearly stated political commitment of the Member States, that the first phase of the work of the Commission should be completed by July this year to enable the whole work of establishment of the OPCW to be complete by the first available date for entry into force of the Convention, on 13 January 1995. As time passed, it became clear that the complexity of internal preparations in many Member States made it difficult for them to complete the ratification process within the first eighteen months. This contributed to the delay in achievement of the necessary sixty-five ratifications to trigger entry into force. It also became evident that the work of the Commission involves not only technical matters, but also the settlement of complex political issues not fully resolved during the negotiation of the Convention itself. This has resulted in a slowing of the pace and the assumption that difficult matters can always be deferred to a future meeting. The recent spurt in the rate of deposit of instruments of ratification and the indications that many Member States are successfully putting in place their internal procedures and nearing completion of the ratification process highlight the risk that the Commission might not be ready when the trigger point is reached. This means that the time for the final resolution of many difficult issues has arrived. Issues relevant to the organisation and content of inspector training courses or necessary for detailed preparations within Member States for activities, such as declarations, which have to be carried out at entry into force need to be resolved. In the view of the Executive Secretary, the relevant decisions cannot safely be delayed beyond the Tenth Session of the Commission. In this connection, the Executive Secretary is currently preparing for consideration by Member States, a detailed review of all the tasks of the Commission as mandated by the Paris Resolution and the Convention.