Preparatory Commission for the                                                PC-IX/HC/6

Organisation for the Prohibition                                                11 November 1994

of Chemical Weapons                                                                     Original:   ENGLISH

COMMITTEE ON RELATIONS WITH THE HOST COUNTRY

ACCOMMODATION OF THE COMMISSION AND OPCW

1.         Paragraphs 2.2, 3.1 and 3.2 of PC-IX/HC/5 explain that the Committee on Relations with the Host Country, notwithstanding considerable progress having been made during the present intersessional period towards fulfilling its mandate (PC-VIII/18), continues to conduct negotiations with the Host Country on a comprehensive package of understandings. The understandings are designed to clarify certain aspects of the Netherlands Bid and to provide a reasonable degree of predictability to the costs to be borne by the Host Country, in particular for accommodation.

2.         In view of the potentially serious political and financial implications in further delaying a final decision on accommodation issues to the Tenth Session of the Commission in April 1995, and in anticipation of a satisfactory conclusion to the on-going negotiations (see paragraph 1), the Chairman of the Commission has requested that the Executive Secretary circulate the attached letter, in which adoption of the decision on accommodation issues through a silence procedure is proposed.

LETTER FROM THE CHAIRMAN OF THE PREPARATORY COMMISSION FOR THE OPCW, DATED 11 NOVEMBER 1994, ADDRESSED TO

MEMBER STATES

1.         At the Eighth Session of the Commission, the Committee on Relations with the Host Country was tasked with resolving all outstanding issues related to the permanent accommodation of the OPCW; PC-VIII/18 refers. The Committee has not been able in the intersessional period to date, to complete its mandate and to permit the distribution of documents containing the necessary material to Member States in all languages of the Commission three weeks before the opening of the Ninth Session; PC-IX/HC/5 refers.

2.         The Acting Chairman of the Committee (Mr A. Hernandez) and the Executive Secretary have expressed to me, however, that they are hopeful that on-going negotiations on accommodation issues may be concluded in the time remaining and that the Committee would then be in a position to forward a proposal to the Commission by the time of the Ninth Session. Given the importance to the Commission and the Host Country of resolving the accommodation issues, as soon as possible, and in view of potentially serious political and financial implications in further delaying a final decision to the Tenth Plenary Session of the Commission in April 1995, the intent of this letter is to propose the following decision taking mechanism in this specific case.

3.         In my capacity as Chairman of the Commission, I propose that the Committee works towards the circulation to Member States of a comprehensive draft decision one week before the Ninth Session and I recommend to the Commission adoption of that decision through a 'silence procedure' as follows:

a.         The Commission during its Ninth Session has a thorough discussion of the draft decision and, if there are at that stage no objections, adopts it ad referendum.

b.         A period of four working weeks is allowed for final review in the capitals.

            Any formal objection should be deposited with the Executive Secretary by 6 p.m. on 13 January 1995. Any Member States having difficulties with the decision are, however, encouraged to bring these to the Committee on Relations with the Host Country in advance of this date so that attempts may be made to resolve them. During the review period, the Committee on Relations with the Host Country would stand ready to meet to resolve any questions raised by Member States.

c.         On 16 January 1995 the Chairman will inform the Committee whether or not the decision has been adopted.  The Committee will then review future actions.

d.         Should the decision on the accommodation of the Commission/OPCW not be adopted, it would automatically be deferred to the Tenth Session of the Commission (3-7 April 1995).

4.         It is not the intention that this procedure be routinely used within the Commission, but given the previously stated serious political and financial implications of deferring a decision on accommodation issues to the Tenth Session, the procedure is uniquely recommended to you.

                                                                                    Signed on behalf of the Chairman,

                                                                                    [signed]

     11 November 1994                                                 A. Hernandez

                                                                                    Acting Chairman

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