| Preparatory Commission for the |
PC-IX/8 |
| Organisation for the Prohibition |
2 December 1994 |
| of Chemical Weapons |
Original: ENGLISH |
Ninth Session
(5 - 9- December 1994)
REPORT BY THE CHAIRMAN OF THE COMMISSION AND THE EXECUTIVE SECRETARY
ON IMPROVED METHODS OF WORK OF THE COMMISSION
1. INTRODUCTION
1.1 The Chairman of the Commission and the Executive Secretary were requested by the Commission at its Eighth Session (PC-VIII/18, subparagraph 4.11) "to consult with the Member States on the methods of work of the Commission with a view to improving its functioning and to presenting a report" on this issue to the Ninth Session of the Commission. This Report has been prepared in response to the above-mentioned request.
1.2 The task of identifying concrete measures aimed at improvement of the methods of work of the Commission has been the focus of attention of Member States and the Secretariat for a long time. Informal consultations with Member States on possible ways of increasing the effectiveness and efficiency of the Commission's work were initially undertaken by the Executive Secretary in August 1993. These consultations resulted in a number of suggestions reported to the Commission (paragraph 11 of PC-IV/10) and approved by it at its Fourth Session (subparagraph 8.3 of PC-IV/23).
1.3 Subsequently, various other aspects of this issue were considered further in different bodies of the Commission during the intersessional period following the Fifth Session of the Commission. In particular, the Expert Group on Programme of Work and Budget developed a set of recommendations on the improvement of the methods of work of the Commission (Annex 5 of PC-V/A/WP.3), which was approved by the Commission at its Fifth Session (PC-V/12).
1.4 Renewed impetus to these efforts was provided by the establishment of the informal body - the Group of the Friends of the Chairmen of Working Groups A and B. On the basis of the deliberations of the Group of Friends the Executive Secretary issued the Note entitled Improved Functioning and Plan Of Activities of the Expert Groups under Working Groups A and B for the Period 18 April to 24 June 1994 (PC-VI/14). That Note outlined a wide range of measures aimed at providing the required flexibility to the methods of work of the Commission's bodies at different levels - most importantly at the levels of expert and working groups. These recommendations, approved by the Commission at its Sixth Session (subparagraph 9(b)(i) of PC-VI/22) and reconfirmed at the Seventh Session, have served as the basic guidance for developing the plan of activities which has identified the tasks of expert groups and the schedule of meetings for each intersessional period since then.
2. POLITICAL FRAMEWORK
2.1 Twenty-three months after the Convention On the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and On Their Destruction was opened for signature in Paris, France, on January 13 1993, it has been ratified only by 16 countries. The date of its entry into force is therefore still uncertain. The risk resulting from this situation is that the negotiations of the Preparatory Commission for the Organisation for the Prohibition of Chemical Weapons (OPCW) could lose momentum.
2.2 Since the Convention is essentially an international treaty on disarmament, ratification by those Member States which possess chemical weapons and/or the majority of declarable facilities will play a decisive role in speeding up the process of ratification by other States, and will be essential for the attainment of universality for the Convention.
2.3 The achievement of a balance between the rights and obligations of States is another element which will have a decisive influence on the establishment of the future OPCW. In this regard, a free and open dialogue should be established among the Members of the Preparatory Commission on issues of international cooperation in the area of peaceful uses of the chemical industry. This dialogue would include ways of facilitating "free trade in chemicals as well as international cooperation and exchange of scientific and technical information" among the States Parties to the Convention.
2.4 The Preparatory Commission's improved methods of work will doubtless contribute to a successful conclusion of its mandate, but will in no way replace the political determination of States to eliminate chemical weapons and to foster peaceful uses of science and technology in the world's chemical industry.
2.5 The structure of the Preparatory Commission and of its Secretariat must answer to the imperative need for compliance with the mandate assigned to the Preparatory Commission in the Convention itself and in the "Resolution establishing the Preparatory Commission for the Organisation for the Prohibition of Chemical Weapons" (the "Paris Resolution").
3. GUIDELINES FOR IMPROVED WORK
The mandate for the Preparatory Commission
3.1 The mandate for the Preparatory Commission is as follows:
- to identify clearly the tasks entrusted to the Commission
- to identify clearly the tasks which have already been completed
- to identify clearly the tasks which remain outstanding
Tasks which have already been completed
3.2 As referred to in the Paris Resolution, the Secretariat should initiate the elaboration of a draft of the Report of the Preparatory Commission to the First Conference of the States Parties, detailing the recommendations which have already been approved, by subject or issue, and compiling the documentation required to support any such recommendations.
Tasks which remain outstanding
3.3 Upon the identification of the tasks which remain outstanding, it will be necessary to review the Programme of Work of the Preparatory Commission for 1995 with the object of defining the order of priorities, and deciding on the schedule of meetings of the subsidiary bodies, as well as on the duration of their meetings.
3.4 Such priorities must be established on the basis of the Convention, the Paris Resolution, and the Programme of Work of the Preparatory Commission prepared by the Expert Group on Programme of Work and Budget.
3.5 There are numerous outstanding substantive issues which need to be resolved before Phase II is triggered by the deposit of the 65th instrument of ratification. These issues are mostly of a negotiating nature, and as such are distinctly different from the mainly organisational tasks such as training of inspectors, recruitment of staff and procurement of equipment.
3.6 At the request of the Commission and in order to facilitate discussion of this question, the Secretariat has prepared a list entitled Major Outstanding Tasks of the Preparatory Commission which is appended to this Report.
3.7 In addition, as a number of provisional policies and draft decisions are finalised for transferral to the Conference of the States Parties and the Organisation, there is also a need for the Commission to consider in good time issues of a transitional nature and to identify appropriate mechanisms for this purpose.
Improvement of the institutional mechanism
3.8 The current structure of the Preparatory Commission's subsidiary bodies can be improved considerably by means of increased clarity concerning the responsibilities and prerogatives of the Chairmen of the subsidiary bodies and the interaction between these bodies and the Secretariat.
4. PROPOSALS
Subsidiary bodies
4.1 Consideration should be given to a greater authority for Working Groups A and B under the responsibility of Chairmen based in The Hague:
(a) their role as principal Committees of the Whole charged with organising and co-ordinating the substantive work of the Commission could be recognised by giving them more descriptive titles;
(b) Working Group A could become the Committee of the Whole for Political, Legal, and Administrative Issues;
(c) Working Group B could become the Committee of the Whole for Technical Cooperation and Assistance and Verification Issues;
(d) these two Committees could be encouraged to meet during the intersessional period. Should delegations agree, the Committees of the Whole could hold intersessional meetings, in the event that their Chairmen should deem this necessary for the solution of, or search for solutions to specific problems;
(e) the Chairmen of the Committees of the Whole would be authorised to propose the establishment of working groups (which would replace the current expert groups) and to assign tasks and priorities on the basis of consultations with the Chairman of the Preparatory Commission, the Chairmen of the working groups, the interested delegations, and the Secretaries of each subsidiary body and of the plenary session of the Preparatory Commission itself; and
(f) the expert groups could be renamed working groups, and should be placed under the purview of one of the two Committees of the Whole, to which they would have to report on their results.
4.2 The Committee on Relations with the Host Country should be reconstituted, with limited participation.
4.3 The principles approved by the Preparatory Commission concerning the establishment and work of Task Forces should be fully applied (PC-VIII/18, subparagraph 6.19).
Methods of work
4.4 The Chairman of the Commission as well as the Chairmen of its main organs should reside in The Hague, or should be in a position to involve themselves directly, at regular intervals, in the intersessional work of the Commission.
4.5 The Chairman of the Commission would summon the Chairmen of the Committees of the Whole, the Vice-Chairmen, the Regional Co-ordinators, and the Executive Secretary for periodic consultations (perhaps twice every intersessional period), in order to review the progress made, and, where necessary, to adjust the order of priorities. The Chairman of the Commission could summon the Chairmen of the working groups to these meetings.
4.6 The Chairmen of the Committees of the Whole would summon the Chairmen of the working groups on a monthly basis in order to analyse the interaction between the working groups and to produce a joint definition of their agendas.
4.7 During its plenary sessions, the Preparatory Commission should assign one or two meetings for an exchange of views on issues which affect the Preparatory Commission in general, and the working groups in particular.
4.8 On the basis of the periodic consultations described in subparagraph 4.1 of this Report, the exchange of views should be carried out pursuant to a specific agenda so that the debates may serve to clarify or to resolve any differences which may arise during the meetings of the working groups.
4.9 Member States of the Preparatory Commission, in particular the United States of America and the Russian Federation and those other Member States which possess or have under their jurisdiction or control the majority of declarable facilities, should inform the Commission of the progress made in bilateral processes related to the aim of the Convention as well as of the progress they are making towards ratification and of their adjustments to national legislation to permit them to fulfil their obligations under the Convention.
4.10 An open dialogue should be promoted among the delegations on the matter of the appropriate balance between the rights and the obligations of the States Parties to the Convention, as a means of fostering an early and universal ratification of the Convention.
5. OPERATIONAL ASPECTS
5.1 Insofar as possible, parallel and simultaneous meetings of subsidiary bodies should be avoided, even for informal consultations.
5.2 Expert group meetings should normally be of one-week's duration, since the convening of two-day meetings has proven inadequate in many instances. However, allocating such a duration to an expert group meeting does not necessarily mean that all of it will be formal. Within the allocated time frames, and in consultation with Member States and the Secretariat, respective Chairmen could maintain some flexibility in allocating time for meaningful consultations and informal discussions with a view to speeding up the successful completion of their tasks. For example, it could be decided to hold formal meetings in the morning, and to devote the afternoon to consultations.
5.3 Some spacing should be kept between expert group meetings, leaving more time for consultations and for capitals and experts to prepare adequately for meetings.
5.4 Friday afternoons should be kept free of meetings in order to allow delegations and Secretariat officers to wrap up the week's work and to prepare for the next.
5.5 Compliance with official time-tables should be respected. Extensions of meetings outside normal working hours can be implemented only if foreseen reasonably in advance of the day when schedule changes will occur and if the respective Chairmen deem this necessary to achieve substantial progress.
5.6 The Secretariat should do its utmost to submit, prior to the plenary sessions of the Preparatory Commission and the meetings of each of the Commission's subsidiary bodies, those working documents which have been requested by the various organs of the Commission, as well as those which it should prepare on its own initiative.
5.7 During those periods when subsidiary bodies meet, Secretariat officials who serve as Secretaries of subsidiary bodies should continue to devote themselves to these activities on as full-time a basis as possible, consonant with their other responsibilities.
5.8 In all cases, Secretaries should participate in the consultations and coordination meetings convened by the Chairmen of the Commission and of its various bodies, as described in subparagraph 4.1 above.
Appendix
MAJOR OUTSTANDING TASKS OF THE PREPARATORY COMMISSION FOR THE ORGANISATION FOR THE PROHIBITION OF CHEMICAL WEAPONS
1. This paper lists the major outstanding tasks before the Preparatory Commission, using as a basis the Paris Resolution, the Convention, the reports of the expert groups, consultations with delegations, the date for entry into force of the Convention, the Programme of Work and the day-to-day management of the Secretariat. These tasks have been categorised under various topical headings for ease of reference and to facilitate future planning. The references in parentheses after each item relate to the source(s) on which it is based.
2. Without assigning any priority to the issues, the list attempts to present a comprehensive picture of the unfinished business of the Preparatory Commission. However, the list is by no means exhaustive, as experience has shown that new issues routinely emerge in the course of the Commission's work. No doubt they will continue to do so.
I Old and abandoned chemical weapons*
(a) The issue of abandoned chemical weapons buried on the territory of a State Party after 1976, or dumped in its waters after 1984, both in the context of a possible challenge inspection and of its implications for the responsibilities of the TS (PC: PC-VIII/B/5).
(b) Costs of verification of abandoned chemical weapons (PC: PC-VII/8).
(c) Verification required for the destruction of abandoned chemical weapons (CWC: VA, Part IV B).
(d) Establish guidelines to determine the usability of chemical weapons produced between 1925 and 1946 (CWC: VA, Part IV (B), paragraph 5; PR: subparagraph 12(n)).
II Chemical weapons
III Chemical weapons production facilities
(a) Elaborate understanding of "production capacity" and levelling out as a comparison factor for chemical weapons production facilities and their destruction (CWC: VA, Part V, subparagraph 30(b); PC: PC-VIII/18).
(b) Finalise declaration requirements with regard to chemical weapons production facilities (PC: PC-VIII/18).
(c) Definition of facilities directly related to a chemical weapons production facility (CWC: Art. V, paragraph 8).
(d) The issues of standard buildings, specialised buildings and special features of buildings, of standard and specialised equipment in relation to chemical weapons production facilities (CWC: VA, Part I, paragraphs 2, 5; CWC: VA, Part V, paragraph 17; PC: PC-VIII/18).
(e) Establish criteria for determining the frequency of systematic on-site inspection of chemical weapons production facilities (CWC: VA, Part V, paragraph 54; PR: subparagraph 12(o)).
(f) Conversion of CWPFs for use for non-prohibited purposes (CWC: VA, Part V, D; PC: PC-VIII/18).
(g) Establish criteria for toxicity, corrosiveness and other factors (CWC: VA, subparagraph 71(b); PR: subparagraph 12(p)).
(h) Understanding of the term "a State Party" (CWC: Art. II, subparagraph 8(a)(i)(2); PC: PC-VIII/18).
IV Inspection procedures
(a) Finalise guidelines on detailed procedures for verification and for the conduct of inspections, including administrative procedures for the use of non-scheduled aircraft and for communications during inspections (PR: subparagraph 12(a); PC: PC-VIII/18).
(b) Finalise consideration of inspection activities and the formats for preliminary findings and inspection reports (CWC: VA, Part II, paragraph 60; CWC: VA, Part II G).
(c) Common understanding on the term "particular type of inspection" (CWC: VA, Part II, paragraphs 27, 28, 29; PC: VIII/18).
(d) Treatment of approved equipment after the conclusion of inspection activities (PC: PC-VIII/18).
(e) Consider the Secretariat's recommendations for the establishment of a quality assurance and quality control system for the OPCW (PC: PC-VIII/18).
(f) Guidelines for transitional verification arrangements (CWC: VA, Part IV A, paragraph 51; PR: subparagraph 12(m)).
V Challenge inspections
(a) The type of information to be included under "appropriate information on the basis of which the concern has arisen" in the context of format 1 (PC: PC-VIII/18).
(b) Criteria for determining whether the right to request a challenge inspection has been abused and cost aspects in case of abuse (PC: PC-VIII/18).
(c) The obligation of the inspected State Party to provide access within the requested perimeter as well as, if different, the final perimeter (EG: PC-VI/B/WP.13).
(d) Develop the format for the inspection mandate for challenge inspections (PC: PC-VIII/18).
(e) The composition of the inspection team (PC: PC-VI/B/8).
(f) The timing of the notification of a challenge inspection (PC: PC-VIII/18).
(g) Considerations of inspection activities and the formats for preliminary findings and reports, including illustrative lists of activities in challenge inspection and illustrative elements of the document on the preliminary factual findings, as well as of the preliminary, draft and final inspection reports (EG: PC-VI/B/WP.13).
VI Health and safety
(a) Finalise draft Health and Safety Regulations for the OPCW (CWC: VA, Part II, paragraph 43; PR: subparagraph 12(g)).
(b) Prepare draft Health and Safety Technical Guidelines (PC: PC-VI/B/8).
(c) Develop the issue of health and safety-related equipment (PC: PC-VIII/18).
(d) Establish OPCW occupational health and safety standards (PC: PC-VI/22).
VII Sampling and analytical procedures
(a) Finalise procedures for the transfer of samples for off-site analysis (CWC: VA, Part II, paragraph 56; PR: subparagraph 12(h)).
(b) Elaborate the criteria for the establishment of the network of designated laboratories (PC: PC-VIII/18).
(c) Finalise guidelines for sampling and analytical procedures for on-site and off-site analysis (CWC: VA, Part II, paragraph 56; PR: subparagraph 12(h)).
(d) Establish OPCW Spectral Data Base (PC: PC-VIII/B/5).
VIII Training
(a) Finalise all outstanding issues associated with the General Training Scheme (GTS) for inspector candidates (PR: subparagraph 10(d)).
IX Chemical industry issues
(a) Common understanding on the term "production by synthesis" in the context of biochemical or biologically mediated chemical reactions (CWC: Art. II, subparagraph 12(a); CWC: VA, Part IX, paragraph 1; PC-VIII/18).
(b) Declaration of aggregate national data for schedule 3 chemicals (PC: PC-IX/WP.2).
(c) The interpretation of the term "production" in the context of biochemical or biologically mediated chemical reactions (CWC: Art. II, subparagraph 12(a); PC: PC-VIII/18).
(d) The treatment of castor oil processing plants (PC: PC-IX/WP.2, paragraph 3; PC-VIII/18).
(e) Common understanding on the term "unscheduled discrete organic chemical", including PSF chemicals (CWC: VA, Part I, paragraph 4, PC: PC-VIII/18).
(f) Establish guidelines to assess the risk of facilities producing no more than 10 kg of Schedule 1 chemicals (CWC: VA, Part VI, paragraph 30; PR: subparagraph 12(q)).
(g) Establish guidelines to assess the risk of single small scale facilities (CWC: VA, Part VI, paragraph 23; PR: subparagraph 12(s)).
(h) Establish guidelines for low concentration of Schedule 2 or Schedule 3 chemicals including products containing scheduled chemicals and the further processing and use of formulations containing Schedule 2 chemicals (CWC: VA, Part VII, paragraph 5; CWC: VA, Part VIII, paragraph 5; PR: subparagraph 12(t)).
(i) Past production of Schedule 1 chemicals above the annual one ton threshold capacity for purposes not prohibited under the Convention on the basis of the understanding as reflected in paragraph 2.4 of PC-VIII/B/WP.10 (PC: PC-VIII/18).
X Assistance and protection issues
(a) Finalise formats for providing assistance under Article X (CWC: Art. X, subparagraph 7(c)).
(b) Prepare draft terms of reference for the establishment of the Voluntary Fund for Assistance, including the draft rules for administering the Fund (CWC: Art. X, subparagraph 7(a); CWC: Art. VIII, subparagraph B 21(j); PC: PC-VIII/18).
(c) Determine sources of funding for the procurement of equipment for the emergency assistance stockpile of the OPCW (PR, subparagraph 12(b)).
(d) Finalise categories of information to be provided by States Parties on their national programmes related to protective purposes and procedures for the provision of such information (CWC: Art. X, paragraph 4; PR: subparagraph 12(d)).
XI Economic and technological development
(a) Address and resolve matters pertaining to the implementation of the provisions of Article XI (PC: PC-VIII/18).
XII Confidentiality
(a) Prepare draft rules governing composition and operating procedures of the "Commission for the settlement of disputes related to confidentiality" ("Confidentiality Commission") (CWC: CA, paragraph 23).
(b) Finalise OPCW policy on confidentiality (EG: PC-VII/B/WP.8).
(c) Finalise handling procedures for confidential information (PC: PC-VIII/18).
(d) Prepare draft information security policy for the OPCW information management system (PC: PC-VIII/18).
XIII Approved equipment
(a) Finalise all outstanding operational requirements and technical specifications for approved equipment (PR, subparagraph 10(g)).
(b) Procedures for the use of approved inspection equipment for different types of inspections (CWC: VA, Part II, paragraphs 27 and 29; PC-VIII/18).
(c) Develop procedures for the installation, monitoring, repair and physical security of on-site monitoring equipment (CWC: VA, Part III, paragraphs 11, 12 and 13; PR: subparagraph 12(j)).
XIV Model facility agreements and other agreements
(a) Elaborate draft models for facility agreements for chemical weapons related and industry related facilities (CWC: VA, Part III, paragraph 8; PR, subparagraph 12(i)).
(b) Elaborate a draft model for bilateral agreements between the OPCW and States Parties on privileges and immunities.
XV Information Management System (IMS)
(a) Finalise IMS hardware configuration and software design, including recommendations on the number of workstations and PCs (PC: PC-VIII/18).
(b) Finalise the evaluation of national offers for the IMS (PC: PC-VIII/18)).
XVI Staff policy of the OPCW
(a) Prepare provisional staff structure and assessment of personnel requirements for the OPCW (PR: subparagraph 10(b)).
(b) Prepare provisional staff regulations and service conditions for the OPCW (PR: subparagraph 10(c)).
XVII Financial and budgetary matters
(a) Prepare Programme of Work and Budget for the first year of activities of the OPCW (PR: subparagraph 11(a); PC: PC-VIII/18).
(b) Prepare draft Administrative and Financial Regulations for the OPCW (PR: subparagraph 11(d)).
(c) Prepare draft Scale of Financial Contributions to the OPCW (PR: subparagraph 10(c)).
XVIII Headquarters Agreement and accommodation of the Organisation
(a) Prepare and negotiate draft Headquarters Agreement for the OPCW (PR: paragraph 13; PR: Annex 3, paragraph 6).
(b) Establish the OPCW Laboratory and OPCW Equipment Store (PR: subparagraph 10(e)).
(c) Resolve outstanding issues related to the permanent accommodation of the OPCW (PC: PC-VIII/18).
(d) Prepare for an interim accommodation (PC: PC-VIII/18).
XIX Elections to the Executive Council
(a) Prepare arrangements to facilitate the election of 20 members for the first election of the Executive Council for a term of one year (PR, subparagraph 11(e)).
(b) Prepare draft rules of procedure for the Executive Council (CWC: Art VIII C, paragraph 26).
XX Transitional mechanisms
(a) Prepare transitional mechanisms, including the transfer of the rights and obligations of the Commission to the OPCW, the transfer of the Staff of the Commission to the OPCW and the transfer of assets and property of the Commission to the OPCW (PR: paragraph 16).
XXI Media and public affairs policy, and visa issues
(a) Prepare draft OPCW media and public affairs policy (PC: PC-VIII/18).
(b) Resolve visa-related matters (PC: PC-VIII/18).
(c) Prepare arrangements for travel documents of the OPCW (EG: PC-VIII/A/WP.8).
XXII First Conference of the States Parties
(a) Prepare a final report on all matters within its mandate for the first session of the Conference of the States Parties and the first meeting of the Executive Council (PR: paragraph 15).
(b) Prepare draft Rules of Procedure for the First Conference of the States Parties (PR: paragraph 9).
(c) Prepare draft agenda for the First Conference of the States Parties (PR: paragraph 9).
(d) Prepare for the accommodation and logistical arrangements for the First Session of the Conference of the States Parties (PR: paragraph 9).
- - - o - - -
* Abbreviations: CWC: Chemical Weapons Convention
VA: Verification Annex of the CWC
CA: Confidentiality Annex of the CWC
PR: Paris Resolution
PC: Preparatory Commission for the OPCW
EG: Expert Group