Part IV (B) contains the provisions for declaration and destruction of old chemical weapons and abandoned chemical weapons.
Pursuant to paragraph 5 of Article II, old chemical weapons are defined as either (a) chemical weapons produced before 1925 ("pre–1925 chemical weapons") or (b) chemical weapons produced between 1925 and 1946 that have deteriorated to such extent that they can no longer be used as a chemical weapons ("1925–46 chemical weapons"). Pursuant to paragraph 6 of Article II abandoned chemical weapons are chemical weapons including old chemical weapons, abandoned by a State after 1 January 1925 on the territory of another State without the consent of the latter.
Section A (paragraphs 1 and 2) provides that old chemical weapons shall be destroyed as provided for in Section B (i.e. the regime for old chemical weapons) while abandoned chemical weapons, including abandoned chemical weapons that are also 1925–46 chemical weapons, shall be destroyed as provided for in Section C (i.e. the regime for abandoned chemical weapons).
Section B (paragraphs 3 through 7) contains the detailed provisions for declaration and destruction of old chemical weapons. Note that the requirements on destruction differ for the two types of old chemical weapons. A State Party with only pre–1925 chemical weapons is not required to comply with the Article IV verification and destruction requirements (although the chemical weapons are required to be destroyed as toxic waste.) On the other hand, chemical weapons produced after 1925 but before 1946 and which are no longer usable must be verified and destroyed in accordance with Article IV. The Executive Council, however, under certain circumstances, can approve modifications in the time and order of destruction of these chemical weapons.
Paragraph 3 of Part IV(B) sets forth the declaration requirements for old chemical weapons, i.e. for both pre–1925 and 1925–46 chemical weapons. Specifically, it states that a State Party with pre–1925 chemical weapons on its territory must provide to the Technical Secretariat all available relevant information, to the extent possible, on the location, type, quantity, and the present condition of these old chemical weapons. This information must be provided not later than 30 days after entry into force of the Convention for the State Party. This information is provided pursuant to paragraph 1(b)(i) of Article III.
This paragraph further states that for 1925–46 chemical weapons, the State Party must make a declaration pursuant to paragraph 1(b)(i) of Article III (i.e. whether it has old chemical weapons on its territory), including, to the extent possible, the information specified in paragraphs 1 through 3 of Part IV(A) of this Annex. (The information specified in these paragraphs includes information on the aggregate quantity of the chemical, its chemical name and where it appears on the schedules, as well as information on where the chemical weapons are stored, the precise location of the chemical weapons storage facility and a detailed inventory of such facility.)
Paragraph 4 of Part IV(B) states that if old chemical weapons are subsequently discovered by a State Party after the Convention's entry into force, the above information must be furnished no later than 180 days after the discovery. It is understood that the declaration will be made only after the munition has been positively identified as a chemical weapon, i.e. it has been confirmed to contain a toxic chemical that is considered to be a chemical weapon under the Convention.
Paragraph 5 of Part IV(B) requires verification of claims that chemical weapons are old chemical weapons. Specifically, it states that after a State Party submits its information on pre–1925 chemical weapons, the Technical Secretariat shall conduct an initial inspection, and any necessary subsequent inspections, to verify the information provided and in particular, to confirm that the claimed old chemical weapons in fact meet the definition of old chemical weapons, i.e. confirm that they were produced before 1925, or that they were produced between 1925 and 1946 and are no longer usable.
This paragraph further states that guidelines for determining usability of chemical weapons thought to be 1925–46 chemical weapons will be considered and approved by the Conference pursuant to paragraph 21(i) of Article VIII, i.e. based on reports prepared by the Preparatory Commission.
Paragraph 6 of Part IV(B) sets forth the destruction requirements for pre–1925 chemical weapons. Specifically, it states that a State Party is to treat verified pre–1925 chemical weapons as toxic waste and therefore is only required to inform the Technical Secretariat of the steps being taken to destroy or otherwise dispose of these weapons in accordance with its national legislation. Note that if the Technical Secretariat cannot verify that they were produced before 1925, the chemical weapons must be declared, verified and destroyed like any other chemical weapons. (The same is true for chemical weapons claimed to be 1925–46 chemical weapons.)
This provision and others pertaining to pre–1925 chemicals weapons recognizes the fact that, with the passage of time, World War I era chemical weapons are now very unlikely to be usable as chemical weapons and that States Parties with such weapons on their territory should not be bound to strict verification and destruction requirements. This provision addresses the needs of some European countries that routinely find chemical weapons from that era on their territory.
Paragraph 7 of Part IV(B) sets forth the destruction requirements for 1925–46 chemical weapons. Subject to paragraphs 3 through 5, a State Party shall destroy verified 1925–46 chemical weapons in accordance with Article IV and Part IV(A) of the Verification Annex, i.e. the verification and destruction provisions for chemical weapons. This paragraph further provides, however, that the time–limits and the order of destruction may be modified by the Executive Council upon the request of a State Party if the Executive Council determines that such modification would not pose a risk to the object and purpose of the Convention. (The order of destruction is set forth in paragraphs 15 through 19 of Part IV(B).) Finally this paragraph states that in making such a request, a State Party must provide specific proposals for any modifications and a detailed justification for them.
This provision recognizes the fact that some World War II era munitions are no longer usable as chemical weapons and therefore need not be subject to the same time frame and order of destruction. This provision addresses the needs of countries that have such chemical weapons left over from World War II but have not maintained them as functional chemical weapons. However, the Convention does not prohibit a State Party from destroying its World War II era chemical weapons at a faster rate than what is required by paragraph 17 of Part IV(A) of the Verification Annex.
Section C (paragraphs 8 through 18) of Part IV(B) sets forth the regime for abandoned chemical weapons. Note that pursuant to Article I, a State Party undertakes an obligation to destroy not only the chemical weapons located on its territory or located in other places under its jurisdiction and control, but also the chemical weapons it has abandoned on the territory of another State Party. As noted above, the definition of "abandoned chemical weapons" limits them to those chemical weapons abandoned by a State: (1) after 1 January 1925; (2) on the territory of another State; and (3) without the consent of the later.
Under Section C, a State Party upon whose territory there are abandoned chemical weapons is referred to as the "Territorial State Party." A State Party who has abandoned chemical weapons on the territory of another State is referred to as the "Abandoning State Party." Note that, under Article III, a State Party must declare all chemical weapons it has abandoned on the territory of any State, irrespective of whether that State is a Party to the Convention, but that under Article I and Part IV(B) of the Verification Annex, it only has an obligation to destroy chemical weapons it has abandoned on the territory of another State Party. Hence, it is possible for a State Party to be an Abandoning State required to declare such weapons, but not obligated to destroy them under the Convention. Note that in such a case, there would be an incentive for a State upon which chemical weapons have been abandoned to become a State Party because, pursuant to paragraph 15, the abandoning State Party shall provide all necessary financial, technical, expert, facility as well as other resources.
Paragraphs 8, 9 and 10 of Part IV(B) require that a State Party submit to the Technical Secretariat all relevant information on abandoned chemical weapons, including to the extent possible, the location, type, quantity and the present condition of the chemical weapons. Territorial States Parties (paragraph 8) and Abandoning States Parties (paragraph 10) must submit this information within 30 days after the Convention enters into force for them, except that information on any abandoned chemical weapons discovered by a Territorial State Party after entry into force for it must be submitted with 180 days after such discovery (paragraph 9).
Paragraph 11 of Part IV(B) states that the Technical Secretariat must conduct an initial inspection, and any subsequent inspections, to verify the information provided and to determine whether systematic verification in accordance with paragraphs 41 through 43 of Part IV(A) of this Annex is required. (Systematic verification uses on–site inspection and monitoring with on–site instruments and is undertaken to ensure that there is no undetected removal of chemical weapons.) This paragraph further states that the Technical Secretariat shall, if necessary, verify the origin of the abandoned chemical weapons and the identity of the Abandoning State.
Paragraph 12 of Part IV(B) states that after completing its initial inspection, the Technical Secretariat shall submits its report to the Executive Council, to the Territorial State Party, and to the Abandoning State Party or the State Party declared by the Territorial State Party or identified by the Technical Secretariat as having abandoned the chemical weapons. The purpose of the latter part of this provision is primarily to cover cases in which a State Party is unaware that it has abandoned chemical weapons, although it also covers the case of a State Party that knows, but has not declared, that it has abandoned chemical weapons.
This paragraph also states that if one of the States Parties directly concerned, i.e. the Territorial State Party or the Abandoning State Party (however identified), is not satisfied with the report, it has the right to settle the matter in accordance with the provisions of the Convention (e.g. the dispute resolution mechanism contained in Article XIV) or to bring the issue to the Executive Council with a view to settling the matter expeditiously. This provision provides for the possibility that States Parties may dispute being identified as Abandoning States Parties.
Paragraphs 13 and 14 of Part IV(B) provide for consultations between the Abandoning and the Territorial States Parties on a mutually agreed plan for the destruction of abandoned chemical weapons. Paragraph 13 of Part IV(B) states that the Territorial State Party can request the State Party which has been established as the Abandoning State Party pursuant to paragraphs 8 through 12 to enter into consultations for the purpose of destroying the abandoned chemical weapons in cooperation with the Territorial State Party, and shall inform the Technical Secretariat of its request.
Note that "the State Party established as the Abandoning State Party" is understood to mean a State Party that has declared itself an Abandoning State Party, or a State Party, identified by the Technical Secretariat or the Territorial State Party, that has acquiesced in this identification or has been determined to be an Abandoning State Party by the settlement mechanism invoked pursuant to paragraph 12.
Paragraph 14 of Part IV(B) states that the consultations with a view to establishing a mutually agreed plan for destruction shall begin not later than 30 days after the Technical Secretariat has been informed of the request for consultations. This paragraph further states that the agreed plan shall be transmitted to the Technical Secretariat not later than 180 days after the above notification.
This means that the territorial State Party and the Abandoning State Party have 150 days to agree on a plan for destruction of the abandoned chemical weapons. However, this paragraph also states that upon request of both States Parties involved, the time to submit a mutually agreed plan may be extended by the Executive Council.
Paragraph 15 of Part IV(B) elaborates the respective duties for destruction of abandoned chemical weapons by an Abandoning State Party and a Territorial State Party under a mutually agreed plan for destruction. Specifically, it states that the Abandoning State Party shall provide all necessary financial, technical, expert, facility and other resources while Territorial State Party need only provide appropriate cooperation.
This means that, in effect, it is the abandoning State Party that will destroy the chemical weapons. Note, however, it is the understanding of the United States that despite the disproportionate apportioning of responsibilities between an Abandoning State Party and the Territorial State Party under paragraph 15, this paragraph does not relieve a Territorial State Party from the obligation undertaken in paragraph 2 of Article I to destroy chemical weapons (which includes abandoned chemical weapons) located in any place under its jurisdiction and control (i.e. inter alia, anywhere on its territory) if the Abandoning State Party refuses to provide the assistance required in this paragraph.
Paragraph 16 of Part IV(B) states that if an Abandoning State cannot be identified or is not a State Party, in order to ensure the destruction of these abandoned chemical weapons, the Territorial State Party may request the Organization and other States Parties to provide assistance in the destruction of these abandoned chemical weapons. This means that while, pursuant to paragraph 2 of Article I, a Territorial State Party has an obligation to destroy abandoned chemical weapons on its territory, it can seek assistance from the Organization and other States Parties in doing so where there is no party to provide the assistance contemplated in paragraph 15.
Paragraph 17 of Part IV(B) sets forth the requirements for verification and destruction of abandoned chemical weapons. Specifically, it states that, subject to paragraphs 8 through 16 of Part IV(B), Article IV and Part IV(A) of the Verification Annex (i.e. the main provisions for verification and destruction of chemical weapons) shall apply to the destruction of abandoned chemical weapons, but that the time–limits and order of destruction for such chemical weapons may be modified under certain circumstances. In particular, it states that if the abandoned chemical weapons are also 1925–46 chemical weapons, the Executive Council, upon the request of the Territorial State Party, individually or together with the Abandoning State Party, may approve modifications, or in exceptional cases even suspend the application, of the provisions for destruction, if it determines that doing so would not pose a risk to the object and purpose of the Convention.
For abandoned chemical weapons that are post–1946 chemical weapons, this paragraph states that the Executive Council may approve modifications in the time–limit and order of destruction (but not suspension of the application of the provision for destruction), and then only under exceptional circumstances, if it determines that such modifications would not pose a risk to the object and purpose of the Convention.
It is generally understood that chemical weapons that are pre–1925 chemical weapons are not subject to this Section; rather they are the responsibility of the Territorial State Party alone and are declared and destroyed as toxic waste pursuant to Section B. This is because although the definition of "abandoned chemical weapons" includes all old chemical weapons, the provisions for implementing the abandoned chemical regime (Section C) specifically mention only 1925–46 chemical weapons (paragraph 2 of Part IV(B)). Moreover, paragraph 17 only distinguishes between abandoned 1925–46 chemical weapons and abandoned chemical weapons that are not 1925–46 chemical weapons. Since the provisions for the latter are stricter than for 1925–46 chemical weapons, they clearly are aimed at post–1946 chemical weapons. However, also including pre–1925 chemical weapons in the rules for abandoned post–1946 chemical weapons would lead to the counter–intuitive result that stricter provisions apply to abandoned pre–1925 chemical weapons than to abandoned 1925–46 chemical weapons.
Finally, paragraph 17 states that all requests for modification must contain specific proposals for modifications and a detailed explanation of the reasons for the proposed modification.
Paragraph 18 of Part IV(B) states that States Parties may conclude between themselves agreements or arrangements (i.e. these may be legally or not legally binding) concerning the destruction of abandoned chemical weapons. It further states that the Executive Council may decide, upon the request of the Territorial State Party, individually or together with the Abandoning State Party, that selected provisions in such agreements or arrangements take precedence over provisions of this Section if it determines that the agreement or arrangement ensures the destruction of abandoned chemical weapons in accordance with paragraph 17.