OPCW: The Legal Texts
Detailed table of
contents
Foreword by the Director-General of the OPCW
Introduction by the Legal Adviser
PART ONE: SUBSTANCE
Chemical Weapons Convention
2. Declarations and statements made upon
signature, ratification or accession
3. Amendments/changes to the text of the
Convention
3.1 New paragraph 5bis of Section B of Part VI of the Verification Annex, effective 31 October 1999 (EC-MII/DEC.1) and EC-XVII/DG.6)
Interpretation
4. CHEMICAL WEAPONS (CW) ISSUES
4.1 Understanding on what is considered a chemical weapon under Article II 1(b) and (c) (C-III/DEC.13)
4.2 Understanding on references to munitions in VA IV(A) 1(c)(iii) and (iv) (C-I/DEC.14)
4.5 Decision
on simulation equipment (C-IV/DEC.15)
4.6 Decision
on destroyed CW munitions retained for display or training purposes
(C-I/DEC.26)
4.7 Costs of
verification
4.7.1 Understanding
on the costs of verification under Articles IV and V (C-I/DEC.74* and C-II/DEC.17*)
[for 1997 and 1998]
4.7.2 Decision
on the costs of verification under Articles IV and V (C-III/DEC.8) [commencing
1999]
4.7.3 Decision
on costs of inspections of abandoned CW (C-IV/DEC.5) (effective 01-01-1999)
4.8 Old CW
4.8.2 Detailed verification measures for the application of usability criteria (S/231/2000)
4.9 Abandoned CW
4.9.2 Decision
on costs of inspections of abandoned CW (C-IV/DEC.5) [effective 01-01-1999]
4.10 CW buried after 1976 or dumped at sea
after 1984:
4.10.1 Understanding
on declaration requirements (C-I/DEC.30)
4.10.3 Decision
on all aspects of the issue, including a possible challenge inspection
(C-III/DEC.12)
5. CHEMICAL WEAPONS STORAGE FACILITY (CWSF) ISSUES
5.1 Understanding
on references to munitions in VA IV(A) 1(c)(iii) and (iv) (C-I/DEC.14)
5.2 Understanding
on the declaration of CW locations and their detailed inventories (C-I/DEC.17)
5.3 Decision
on declarations for CW storage locations and national aggregate declarations
(C-I/DEC.18)
5.4 Understanding
on verification activities at a temporary holding area within a CWDF
(C-I/DEC.19)
6. CHEMICAL WEAPONS DESTRUCTION FACILITY (CWDF) ISSUES
6.3 Deadlines
for submission of information specified in VA IV(A) 30 to 32 (C-I/DEC.9)
6.4 Understanding
on verification activities at a temporary holding area within a CWDF
(C-I/DEC.19)
6.5 Decision
on temporary holding areas at CWDFs (C-I/DEC.27)
7. CHEMICAL WEAPONS PRODUCTION FACILITY (CWPF) ISSUES
7.1 Understanding
on the procedures for the closure/inactivation of a CWPF (C-I/DEC.24)
7.2 Understanding
regarding primary decontamination of CWPFs (C-I/DEC.23)
7.3 Understandings
in relation to the temporary conversion of CWPFs to CWDFs (C-I/DEC.28)
7.4 Agreed
guidelines for "levelling out" in the destruction of CWPFs
(C-I/DEC.29)
7.5 Facility converted for purposes not
prohibited
7.6 The Secretariat
practical approach to determining specialised equipment at a CWPF (S/114/99)
7.7 CWPFs: Absence of documentation on the
destruction or disposal of equipment (subpara. 3.3 of
EC-XVI/2 and EC-XVI/DG.14)
7.8 Certificates confirming the
destruction of CWPFs (subpara. 3.4 of EC-XVI/2,
EC-XVI/HP/DG.2** and EC-XVI/DG.16)
** This document is distributed to States Parties only, in accordance with the Confidentiality Annex to the Convention, the OPCW Policy on Confidentiality and the Manual of Confidentiality Procedure
8. ARTICLE VI
ISSUES (ACTIVITIES NOT PROHIBITED)
8.1 GENERAL
8.1.1 Understanding
on the scope of the term "alkyl" in the Schedules of Chemicals
(C-I/DEC.35)
8.1.2 Understanding
on the meaning of "production" for the purposes of Article VI
(C-II/DEC.6)
8.1.3 Understanding
on changes to annual declarations (C-I/DEC.38)
8.1.5 Understanding
on mixed plants (C-I/DEC.40)
8.1.6 Understandings
on verification at mixed plant sites (C-I/DEC.34)
8.1.7 Understanding
on sub-distribution and packaging (C-I/DEC.36)
8.2 SCHEDULE 1
8.2.1 Understanding
on the meaning of "production" in Schedule 1 production facilities
(C-I/DEC.43)
8.2.2 Understanding
on transfers of Schedule 1 chemicals (C-I/DEC.41)
8.2.3 Interim practical guideline on
transfers of saxitoxin for medical/diagnostic purposes (EC-XII/DEC.5 and EC-XV/DEC.5)
valid from 09-10-98 to 31-10-99 and thereafter VA VI 5bis
8.2.4 Frequency of inspections at Schedule
1 facilities and Schedule 2 plant sites (subpara. 9.4
of EC-XVII/2, EC-XVI/TS.3*/Rev.1)
8.2.5 Decision
on reporting of ricin production (C-V/DEC.17)
8.3 SCHEDULE 2
8.3.2 The algorithm used for the
assessment of the risk posed by Schedule 2 plant sites (subpara.
3.3 of EC-XIV/2 and EC-XIV/DG.4; subpara. 10.3 of EC-XVI/2; EC-XVI/DG.5
and Corr. 1)
8.3.3 Understanding
on consumption of a Schedule 2 chemical in waste disposal (C-I/DEC.37)
8.3.4 Understanding
on recycled Schedule 2 chemicals (C-I/DEC.42)
8.3.8 Criteria for making Schedules 2 and
3 industry declarations (subpara. 10.2 of EC-XVI-2
and EC-XVI/DG.6 and Corr.1)
8.3.9 Decision
on the rounding rule in relation to declarations of scheduled chemicals
(EC-XIX/DEC.5)
8.3.10 Understanding
on the application of rounding rules for declarations under VA VII and VIII
(S/105/99)
8.3.11 Understanding
of "main activities of the plant or plant site" under VA VII,
VIII and IX (S/101/99)
8.3.13 Implementation of paragraphs 12 of
VA VII and VA VIII ( subpara. 4.2 of EC-XIV/2
and EC-XIV/DG.7/Rev.1)
8.3.14 Frequency of inspections at
Schedule 1 facilities and Schedule 2 plant sites (subpara.
9.4 of EC-XVII/2, EC-XVI /TS.3*/Rev1)
8.3.15 Understanding on inspection of
records during initial Schedule 2 inspections ( subpara.
15.5 of EC-XV/3, EC-XV/TS.2 and Corr.1)
8.3.16 Understanding on inspection of
records during initial Schedule 2 inspections and during Schedule 3 and DOC/PSF
plant site inspections (subpara. 10.1 of EC-XVI/2
and EC-XVI/TS.1)
8.3.17 Provision of unique codes for
Schedule 2 and 3 plant sites S/245/2001 and Corr.1)
8.4 SCHEDULE 3
8.4.2 Understanding
on the meaning of "certificate" in VA VII 32 and VA VIII 26 (C-III/DEC.7)
8.4.3 Decision on guidelines for
provisions regarding scheduled chemicals in low concentrations, including
mixtures in accordance with VA VIII 5 (C-IV/DEC.16
and subpara. 19.3 of C-IV/6)
8.4.4 Guidelines regarding low
concentration limits for declarations of Schedule 2 and 3 chemicals (C-V/DEC.19)
8.4.5 Understanding
on the application of rounding rules for declarations under VA VII and VIII
(S/105/99)
8.4.6 Criteria for making Schedules 2 and
3 industry declarations (subpara. 10.2 of EC-XVI/2, EC-XVI/DG.6 and Corr.1)
8.4.7 Decision on the rounding rule in
relation to declarations of scheduled chemicals (EC-XIX/DEC.5)
8.4.8 Understanding
of "main activities of the plant or plant site" under VA VII,
VIII and IX (S/101/99)
8.4.10 Implementation of paragraphs 12 of
VA VII and VA VIII ( subpara. 4.2 of EC-XIV/2
and EC-XIV/DG.7/Rev.1)
8.4.11 Selection
of Schedule 3 plant sites for inspections (EC-XI/TS.3) (used in 1998)
8.4.13 Methodology for selecting Schedule
3 plant sites for inspection (subpara. 12.2(c) of C-V/6
and EC-XVII/DEC.7)
8.4.14 Additional Schedule 3 inspections
for 1999 (subpara. 3.5 of EC-XVI/2 and EC-XVI/DG.11, Corr.1
and Corr.2)
8.4.15 Understanding on inspection of
records during initial Schedule 2 inspections and during Schedule 3 and DOC/PSF
plant site inspections (subpara. 10.1 of EC-XVI/2
and EC-XVI/TS.1)
8.4.16 Provision of unique codes for
Schedule 2 and 3 plant sites S/245/2001 and Corr.1)
8.5 OTHER CHEMICAL PRODUCTION FACILITIES (VA IX)
8.5.1 Understandings
in relation to VA IX (C-I/DEC.39)
8.5.2 Understanding
of "main activities of the plant or plant site" under VA VII,
VIII and IX (S/101/99)
8.5.4 Understanding on inspection of
records during initial Schedule 2 inspections and during schedule 3 and DOC/PSF
plant site inspections (subpara. 10.1 of EC-XVI/2
and EC-XVI/TS.1)
8.5.5 Selection of DOC/PSF plant sites for
inspection (subpara. 12.4 of EC-XIX/6)
9. CHALLENGE INSPECTION ISSUES
9.1 Common
understandings on the Notification Formats in challenge inspection (C-I/DEC.44)
10. INVESTIGATIONS OF ALLEGED USE
10.2 Understanding
on sampling and analysis during investigations of alleged use (C-I/DEC.47)
11. GENERAL RULES OF VERIFICATION
11.1 Understanding
on visa procedures for OPCW inspectors and inspection assistants (C-I/DEC.56)
11.2 Understanding
on the meaning of "interpretation" (C-II/DEC.9)
11.3 Understanding
concerning health and safety regulations (C-I/DEC.8)
11.4 Understandings
with respect to the adoption of the list of approved equipment (C-I/DEC.71)
11.5 Procedures
for the inspection of equipment (C-I/DEC.7)
11.6 Decision
on the use of approved equipment during on-site inspections (C-I/DEC.50)
11.8 Sequential inspections
11.10 Analytical standard operating
procedures (SOPs) for on-site use (S/119/99 and S/141/99)
11.11 Revision of considerations in
relation to sensitive information kept under lock and key at inspected
facilities (S/216/2000 and Corr.1)
11.12 Revised
templates for preliminary findings and final inspection reports (S/253/2001)
12. DESIGNATED LABORATORIES
12.1 Criteria
for the conduct of proficiency testing (C-I/DEC.65)
12.2 Understanding
on the conditions in relation to proficiency tests (C-I/DEC.66)
12.3 Proficiency
testing leading to certification of designated laboratories (C-I/DEC.60)
12.4 Criteria
for acceptable performance of laboratories in proficiency testing (C-I/DEC.62)
12.5 Criteria
for the designation of laboratories by the OPCW (C-I/DEC.61)
12.8 Criteria for the retention of
designation status (S/86/98 and Corr.1)
12.9 Guidelines
on the designation of laboratories for the analysis of authentic samples
(EC-XX/DEC.3)
13. CENTRAL OPCW ANALYTICAL DATABASE
13.1 Procedure
for the provisional certification of the Central OPCW Analytical Database
(C-I/DEC.63)
13.2 Content
of the Central OPCW Analytical Database (C-I/DEC.64)
13.3 Consultative mechanism for updating
the Central OPCW Analytical Database (subparagraph 11.2(c) of C-II/8 and EC-IV/DEC.2)
13.4 Decision on the certification
procedure for the Central OPCW Analytical Database and on-site databases (C-IV/DEC.11)
13.6 Decision on guidelines on the designation of laboratories for the analysis of authentic samples (EC-XX/DEC.3)
13.7 Decision on the authentication and
certification procedure for the Central OPCW Analytical Database and on-site
databases (EC-XX/DEC.5)
Implementation
14. POLICY
14.1 OPCW Policy on Confidentiality (C-I/DEC.13,
C-I/DEC.13
corrigendum)
14.2 OPCW
Media and Public Affairs Policy (C-I/DEC.55)
14.3 OPCW
Health and Safety Policy and Regulations (C-I/DEC.8)
15. FACILITY AGREEMENTS (ARTICLES IV, V AND VI(3))
15.1 Model for CWSF (C-IV/DEC.12,
subpara. 12.2(c) of C-IV/6 and subpara. 7.2 of EC-XIV/2)
15.2 Model for CWDF (C-V/DEC.23
and
C-V/DEC.23 Corr.1)
15.3 Model for CWPF (C-IV/DEC.13,
subpara. 12.2(c) of C-IV/6 and subpara. 11.2 of EC-XV/3)
15.4 Model for Schedule 1 facilities (C-III/DEC.14)
15.5 Model for Schedule 2 plant sites (C-III/DEC.15,
subpara. 12.2(b) of C-III/4 and subpara. 7.2 of EC-XII/3)
16. NATIONAL IMPLEMENTATION MEASURES (ARTICLE VII)
16.1 Checklist for the legislator
16.2 Model
national implementing legislation and addendum
17. PRIVILEGES AND IMMUNITIES (ARTICLE VIII, SECTION E)
17.1 OPCW
Headquarters Agreement (C-I/DEC.59) Separate Arrangement
17.2 Part II(B) of the
Verification Annex (annotated version)
18. PROTECTION (ARTICLE X, PARAGRAPH 5)
18.1 OPCW
data bank on protection against CW (C-I/DEC.53)
19. ASSISTANCE (ARTICLE X, PARAGRAPH 7)
19.1 Decision
on the Voluntary Fund for Assistance (C-I/DEC.52)
19.2 Extract
from the Financial Regulations and draft Financial Rules on the Voluntary Fund
for Assistance (C-I/DEC.3 and OPCW-TS/DGB/1)
19.3 Guidelines
for the use of the Voluntary Fund For Assistance (EC-XII/DEC.3)
19.4 Model
bilateral agreement on the procurement of assistance (C-I/DEC.54)
19.5 List
of items to be stockpiled for emergency and humanitarian assistance
(C-I/DEC.12)
20. TRAINING
20.1 Guidelines
for the certification of training courses offered by Member States (C-I/DEC.49)
21. RELATIONSHIP
WITH OTHER INTERNATIONAL ORGANISATIONS
21.1
Relationship Agreement between the United Nations and the OPCW (EC-MXI/DEC.1)
PART TWO: PROCEDURE
22. CONFERENCE OF THE STATES PARTIES (Article VIII(B))
22.1 Rules of
procedure of the Conference (C-I/3)
22.2 Procedure for addressing unresolved
issues
22.2.1 During
the third intersessional period (C-III/DEC.11)
22.2.2 During the fourth intersessional
period (C-IV/DEC.18
and subpara. 19.8 of C-IV/6)
22.3 Limited
informal understanding on the application of Rule 29 (subpara. 3.8 of
S/186/2000)
22.4 Participation
of Contracting States in sessions of the Conference (S/186/2000)
23. EXECUTIVE COUNCIL (Article VIII(C) of the Convention)
23.1 Rules
of procedure of the Executive Council (C-I/DEC.72)
23.2 Understanding
on the right to request a vote by secret ballot (para. 4 of EC-I/DEC.3)
24. TECHNICAL SECRETARIAT (Article VIII(D) of the Convention)
24.1 Secrecy agreement
24.2 OPCW Staff Regulations and Rules
24.2.1 Interim
staff regulations and rules (C-I/DEC.68 and OPCW-TS/DGB/2*) (in force until 01-07-99)
24.2.2 Staff Regulations and Interim Rules
(C-IV/DEC.25,
OPCW-TS/DGB/ 4 and OPCW-TS/DGB/5)
24.2.3 Understandings on the top structure
of the OPCW (subpara. 12.2(j)(i) of C-IV/6 and C-IV/4)
24.3 OPCW Financial
regulations and rules
24.3.1 Financial regulations and draft
financial rules (C-I/DEC.3
and OPCW-TS/DGB/1)
24.3.2 Amendments to draft Financial Rules
10.6.04(a)(i), 10.6.04(a)(iii) and 10.6.06(c) (subpara.
11.1 of EC-XVII/2, EC-XVI/DG.10 and Corr.1)
24.3.3 Decision
on the establishment of special accounts (C-IV/DEC.17)
24.4 Procurement
24.4.1 General terms
and conditions for the purchase of goods
24.4.2 General terms
and conditions for the purchase of services
25. SCIENTIFIC ADVISORY BOARD (Article VIII, subparagraphs 21(h) and 45)
25.1 Terms of
reference of the Scientific Advisory Board (C-II/DEC.10)
25.2 Rules of
Procedure of the Scientific Advisory Board (EC-XIII/DG.2)
26. CONFIDENTIALITY COMMISSION (Confidentiality Annex, paragraph 23)
26.1 Rules Governing the Confidentiality
Commission (Part IX.2 of the OPCW Policy on Confidentiality, C-I/DEC.13)
26.2 Operating
procedures of the Confidentiality Commission (C-III/DEC.10 and Corr.1)
26.3 Registry
of the Confidentiality Commission (C-II/DEC.14)
27. COMMITTEE OF THE WHOLE
28. ADVISORY BODY ON ADMINISTRATIVE AND FINANCIAL MATTERS
28.1 Regulation
15.1 of the OPCW Financial Regulations (C-I/DEC.3)
29.2 Establishment
of the Advisory Body on Administrative and Financial Matters (EC-II/DEC.1)
PART THREE: HISTORY
28. Material transmitted by the Conference on Disarmament (1992)
28.1 Common
understandings reached in the negotiation of the Convention
28.2 Captive Use
28.3 Factors for lower
thresholds of Schedule 2 chemicals
29. UN General Assembly resolution 47/39 (1992)
30. Paris Resolution establishing the Preparatory Commission for the OPCW (1993)
31. Implementation of the Host
Country bid (1993-1998)
31.1 Understandings
concerning paras. 6, 7, 9, and 11 of Annex 3 of the Paris Resolution
(C-I/DEC.5)
31.3 Preliminary
Tenancy Agreement for the OPCW building (C-I/DEC.5)
31.4 Decision
on early termination of the contract with the sole supplier (EC-XIII/DEC.2)
33. Emblem of the OPCW
(subparagraph 11.2(d) of C-II/8) (1997)
ANNEXES:
Annex 1: Status
of the Convention as of 14 March 2001 (S/247/2001)
Annex 2: General
obligations under the Convention (S/246/2001)