Part III of the Verification Annex consists of 18 paragraphs. This Part sets forth the general provisions for initial inspections and facility agreements, standing arrangements for monitoring systems, and inspection notification time–frames for each declared facility subject to on–site inspection pursuant to Article IV (chemical weapons storage and destruction facilities), Article V (chemical weapons production facilities), and paragraph 3 of Article VI (Schedule 1 production facilities). (The detailed provisions related to these facilities are discussed in Parts IV(A), V and VI of the Verification Annex, respectively.)
Section A (paragraphs 1 through 9) of Part III sets forth the procedures for initial inspections and facility agreements.
Paragraph 1 of Part III states that each declared chemical weapons storage, destruction and production facility and each declared Schedule 1 production facility shall receive an initial inspection promptly after the facility is declared, for the following purposes: to verify the information provided, e.g. in declarations; to obtain any additional information needed for planning future verification activities at the facility, including on–site inspections and continuous monitoring with on–site instruments; and to work on the facility agreements.
Paragraph 2 of Part III requires States Parties to ensure that verification activities can be accomplished on time. Specifically, it states that States Parties shall ensure that the verification of declarations and the initiation of the systematic verification measures can be accomplished by the Technical Secretariat at all facilities within the established time–frames after the Convention enters into force for them.
Paragraph 3 of Part III states that each State Party shall conclude a facility agreement with the Organization for each chemical weapons storage, destruction and production facility and each declared Schedule 1 production facility.
Paragraphs 4 through 7 establish the time–frames for completing facility agreements for chemical weapons storage, destruction and production facilities and Schedule 1 production facilities. Note that several different time–frames are established for chemical weapons destruction facilities. The reason for this is that completion of the facility agreement is linked to when inspections begin. Destruction facilities may be constructed or converted from a chemical weapons production facility both before and well after entry into force, and verification will begin only when they become operational. Thus, inspections, and hence facility agreements, could begin at different times for different destruction facilities.
Paragraph 4 of Part III sets forth the time–frame for completion of facility agreements for chemical weapons storage facilities, chemical weapons production facilities, and Schedule 1 production facilities. Specifically, it states that facility agreements shall be completed not later than 180 days after the Convention enters into force for the State Party or after the facility has been declared for the first time, except for a chemical weapons destruction facility to which paragraphs 5 through 7 shall apply.
Paragraph 5 sets forth the time–frame for completion of facility agreements for chemical weapons destruction facilities that begin operations well after entry into force. Specifically, it states that for a chemical weapons destruction facility that begins operations more than one year after the Convention enters into force for the State Party, a facility agreement shall be completed not less than 180 days before the facility begins operation.
Paragraph 6 of Part III sets forth the time–frame for completion of facility agreements for chemical weapons destruction facilities that begin operation before entry into force or soon after, but also lists alternative arrangements. Specifically, it states that if a chemical weapons destruction facility is in operation when the Convention enters into force for the State Party, or begins operation not later than one year later, the facility agreement shall be completed not later than 210 days after the Convention enters into force for the State Party.
This paragraph further provides that the Executive Council, however, may decide that transitional verification arrangements are sufficient, provided they:
–– are approved in accordance with paragraph 51 of Part IV(A) of this Annex. (Paragraph 51 of Part IV(A) sets forth detailed provisions for creating and approving transitional verification arrangements for destruction operations during the first 390 days after the entry into force of the Convention.);
–– include a transitional facility agreement;
–– include sufficient provisions for verification through on–site inspection and monitoring with on–site instruments; and
–– include a sufficient time–frame for application.
This means that verification at such destruction facilities may be governed by permanent facility agreements or, if decided by the Executive Council, temporary facility agreements or even a combination of temporary and permanent facility agreements. (The purpose of transitional verification arrangements is discussed in paragraph 51 of Part IV(A) of this Annex.)
Paragraph 7 of Part III states that for chemical weapons destruction facilities referred to in paragraph 6 (i.e. those in operation prior to one year after entry into force of the Convention for a State Party) that will cease operations not later that two years after entry into force for the State Party, the Executive Council may decide that the same transitional arrangements found in paragraph 6 are sufficient. Note that this paragraph essentially repeats the same provisions for this subset of the facilities referred to in paragraph 6. This means that while all facilities that begin operation prior to one year after entry into force can be governed by a variety of types of facility agreements, the facilities that will cease operations relatively soon are may be governed by transitional facility agreements for the life of their operations. The effect of this provision is designed to avoid costly modifications that would be required to monitor destruction activities at the Johnston Atoll chemical agent disposal plant when these activities are expected to be completed soon after entry into force of the Convention.
Paragraph 8 of Part III states that facility agreements shall be based on models and provide for detailed arrangements which shall govern inspections at each facility. This paragraph further states that the model agreements shall include provisions to take into account future technological developments and shall be considered and approved by the
Conference pursuant to paragraph 21(i) of Article VIII, i.e. using reports prepared by the Preparatory Conference.
Paragraph 9 of Part III states that the Technical Secretariat may retain at each site a sealed container for photographs, plans and other information that it may wish to refer to in the course of subsequent inspections.
Section B (paragraphs 10 through 16) of Part III sets forth standing arrangements with regard to monitoring systems at chemical weapons storage, destruction and production facilities, and Schedule 1 production facilities.
Paragraph 10 of Part III states that, where applicable, the Technical Secretariat has the right to have installed and to use continuous monitoring instruments, systems, and seals, in conformity with the relevant provisions in the Convention and the facility agreements between States Parties and the Organization. Note that, except where agreement on aspects of verification cannot be reached (e.g., paragraphs 40 and 83 of Part V), such continuous monitoring is not required by the Convention, but the Technical Secretariat has the right to conduct it, if it deems necessary.
Paragraphs 11 and 12 of Part III set forth the rights and responsibilities of the inspection team and the inspected State Party with regard to monitoring instruments and systems. Specifically, these paragraphs provide that the inspected State Party shall:
--in accordance with agreed procedures, have the right to inspect any instrument used or installed by the inspection team, i.e. the inspection team's instruments installed prior to the inspection pursuant to paragraph 10, and to have the instrument tested in the presence of the inspected State Party's own representatives; and
--provide the necessary preparation and support for the establishment of continuous monitoring instruments and systems.
In turn, the inspection team shall have the right to:
––use instruments installed by the inspected State Party for the inspected State Party's own monitoring of the technological process of the destruction of chemical weapons; and
––inspect the instruments of the inspected State Party that the inspection team intends to use for purposes of verification of the destruction of chemical weapons and to have them tested in the inspection team's presence.
This means that the inspection team has the right to use both its own instruments and those of inspected State Party for monitoring of destruction of chemical weapons.
Paragraph 13 of Part III states that in order to implement paragraphs 11 and 12, the appropriate detailed procedures must be considered and approved by the Conference pursuant to paragraph 21(i) of Article VIII, i.e. using reports prepared by the Preparatory Conference.
Paragraph 14 of Part III provides that the inspected State Party shall:
––immediately notify the Technical Secretariat if an event occurs or may occur at a facility where monitoring instruments are installed, which may have an impact on the monitoring system; and
––coordinate subsequent actions with the Technical Secretariat with a view to restoring the operation of the monitoring system and establishing interim measures, if necessary, as soon as possible.
The purpose of paragraph 14 is to place the responsibility on the inspected State Party to notify the Technical Secretariat in the event the monitoring devices are affected by, e.g. an accident at the site, or could be affected by, e.g. future scheduled facility maintenance.
Paragraph 15 of Part III states that the inspection team, during each inspection, shall verify that the monitoring system functions correctly and that emplaced seals have not been tampered with. This paragraph also provides for the inspection team to make visits as required to service the monitoring system to perform any necessary maintenance or replacement of equipment, or to adjust the coverage of the monitoring system as required. Note that these visits will not be counted as part of the quota of inspections.
Paragraph 16 of Part III states that if the monitoring system indicates any anomaly, the Technical Secretariat shall immediately take action to determine whether this resulted from equipment malfunction or activities at the facility. This paragraph further states that if the problem remains unresolved after such examination, the Technical Secretariat shall ascertain the actual situation, through immediate on–site inspection of, or visit to, the facility if necessary. Finally, this paragraph states that the Technical Secretariat is required to report any such problem after its detection to the inspected State Party which is required to assist in its resolution.
Section C (paragraphs 17 and 18) of Part III set forth the time frames for notification of inspections of chemical weapons storage, destruction and production facilities and Schedule 1 production facilities.
Paragraphs 17 and 18 of Part III provide that for chemical weapons storage, destruction and production facilities and Schedule 1 production facilities, the inspected State Party shall:
––be notified of initial inspections of not less than 72 hours in advance of the estimated time of arrival of the inspection team at the point of entry; and
––be notified of inspections of such facilities not less than 24 hours in advance of the planned arrival of the inspection team at the point of entry.
Note that in addition to the requirement for notice 24 hours before the planned arrival of the inspection at the point of entry ("POE"), there is also a requirement for notice 48 hours before the planned arrival at the specific chemical weapons storage or production facility. (Paragraphs 45 of Part IV(A) and 52 of Part V.) Since the inspected State Party must assist the inspection team in arriving at the inspection site within 12 hours of their arrival at the POE (paragraph 36 of Part II), the 24–hour pre–POE notice could end up being given as much as 12 hours after the 48–hour pre–inspection site notice. The Preparatory Commission is expected to develop procedures to reconcile this inconsistency with a view to making a 48 hours pre–inspection site notice timeline the standard for notification.