Update on National Implementation as at 14 November 2008

14 November 2008
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Under Article VII of the Chemical Weapons Convention (CWC), each State Party, in accordance with its constitutional processes, is required to adopt the necessary measures to implement its obligations under the CWC.

The importance of States Parties fulfilling their obligations under Article VII has been repeatedly reaffirmed by the Conference of the States Parties. At its Twelfth Session, the Conference adopted a decision regarding the implementation of Article VII obligations (C-12/DEC.9, dated 9 November 2007), which urged States Parties that have yet to designate or establish a National Authority to do so and to notify the OPCW of this designation or establishment. The decision also requested States Parties to take the necessary steps to enact legislation, and/or to adopt administrative measures to implement the Convention and to notify the OPCW of such steps.

The table below compares the status of implementation of Article VII obligations by States Parties at the time of the adoption of the Action Plan regarding the Implementation of Article VII Obligations at the Eighth Conference of the States Parties (C-8/DEC.16, dated 24 October 2003) with the current status.

 

Status of implementation of Article VII obligations

 

 

OBLIGATIONS As at 24 October 2003 (155 States Parties) As at 14 November 2008 (184 States Parties)
National Authority designated or established 126 (81%) 177 (96%)
Article VII(5) submission received 94 (61%) 126 (68%)
Legislation covers all key areas 51 (33%) 83 (45%)
Text of adopted measures provided 62 (40%) 112 (61%)
Confirmation regarding Article XI(2e) Review 39 (25%) 62 (34%)

 

Achievements since the last update (18 August 2008)

 

 

Updates from States Parties that have notified the OPCW of having implementing legislation covering all key areas in place:

 

 

  1. In September 2008, Algeria confirmed that it had conducted the review of its trade regulations as required under Article XI(2e) of the Convention, and that it had found that none of its trade regulations were inconsistent with the object and purpose of the Convention.
  2. In September 2008, Colombia reported that it had carried out its Article XI(2e) review, and confirmed that it had found its trade regulations consistent with the object and purpose of the Convention. It informed the Secretariat of further measures that it had put into place in this regard.
  3. In September 2008, Norway informed the Secretariat that its parliament had adopted complementary measures of implementing legislation, which would enter into force by 2010. 
  4. In September 2008, Serbia informed the Secretariat that the draft law on the implementation of the Convention that would repeal a previous implementing law of 2005 had been submitted to its parliament on 24 July 2008.
  5. In November 2008, Viet Nam informed the Secretariat that it had adopted a complementary implementing measure in 2007, i.e., a law on chemicals, which it undertook to submit under Article VII(5).

 

 

Updates from States Parties that have yet to notify the OPCW of having implementing legislation covering all key areas in place:

 

 

  1. In November 2008, Azerbaijan made an Article VII(5) submission, indicating that it has legislation covering all key areas. It also confirmed that it had carried out an Article XI(2e) review.
  2. In September 2008, Burundi indicated that its implementing law had been adopted by its parliament. In November 2008 it indicated that the law was awaiting promulgation by the President. No official submission under Article VII(5) has yet been received.
  3. In September 2008, Iceland indicated that its draft implementing legislation had been submitted to its parliament, and that approval was expected soon.
  4. In September 2008, Mali submitted a copy of Law No. 07-056 of 30 November 2007, through which its parliament ratified implementing Ordinance No. 07-021 of 18 July 2007.
  5. In November 2008, Sri Lanka informed the Secretariat of the adoption of implementing regulations, the text of which it submitted in accordance with Article VII(5) of the CWC.