Part V of the Verification Annex consists of eighty–six paragraphs, in four sections: declarations, destruction, verification, and conversion of chemical weapons production facilities to purposes not prohibited under the Convention. This Part sets forth the obligations of States Parties with regard to the treatment of chemical weapons production facilities it owns or possesses, or that are located in any place under its jurisdiction or control. (The term chemical weapon production facility, as defined in paragraph 8 of Article II, includes both a facility where chemicals were produced and a facility where munitions, devices or containers were filled with chemicals to create chemical weapons as defined by paragraph 1 of Article II. It is understood that chemical weapons production facilities also include mobile filling complexes.) Part V establishes procedures for declaring chemical weapons production facilities, permissible activities within the facilities prior to their storage, their conversion to permitted purposes, their conversions to chemical weapon destruction facilities, and the verification of their status.
Section A (paragraphs 1 through 10) of Part V sets forth the requirements for declarations of chemical weapons facilities, declarations of past transfers and receipts of chemical weapons production equipment, and submission of general and annual plans and reports on destruction.
Paragraph 1 of Part V requires general information on the location and history of chemical weapons production facilities, as required by paragraph 1(c)(iii) of Article III. Subparagraphs (a) though (k) list information required in the initial declaration to the Organization. Subparagraphs (a) through (f) also apply to facilities that have been destroyed.
Subparagraph 1(a) requires each State Party to declare each facility by name, the owners of the facility and the names of the companies or enterprises which have operated the facility since 1 January 1946. As noted previously, the cutoff date of 1 January 1946 is based on the belief that facilities prior to that date are of less interest in terms of the chemicals produced and threat posed by such facilities. This cutoff date allows countries to exclude declaring chemical weapons production facilities in existence during World War II but not thereafter. Many countries worldwide produced chemical weapons during World War II.
Subparagraph 1(b) requires each State Party to declare the location of each chemical weapons production facility, to include address, location of the complex, location of the production facility within the complex, including the specific building number if such a number exists.
Subparagraph 1(c) requires each State Party to declare whether the declared facility is a chemical weapon manufacturing facility or a chemical weapon filling facility or both. Note that "manufacture" as used here means the same thing as "production."
Subparagraph 1(d) requires each State Party to declare when the facility was completed and when the facility was modified to significantly change its process characteristics, including the installation of new or modified equipment.
Subparagraph 1(e) requires each State Party to declare information on the chemicals, defined as chemical weapons in accordance with paragraph 1 of Article II, manufactured at the facility; the munitions, devices or containers filled at the facility; and the dates when the chemicals were produced or the munitions, devices or containers filled. Parts (i) and (ii) provide guidelines for such declarations.
Subparagraph 1(f) requires each State Party to declare the production capacity of each chemical weapons production facility. (Production capacity is defined in paragraph 10 of Article II.) Parts (i) and (ii) further specify information to be provided on capacity as applied to chemical weapons production and filling facilities.
Subparagraph 1(g) requires each State Party to provide more specific information on production facilities not destroyed. Parts (i) through (iii) specify a site diagram, a process flow diagram, and an inventory of the buildings, specialized equipment and spare parts for such equipment at the facility for each production facility existing at the time of the entry into force of the Convention.
Subparagraph 1(h) requires each State Party to declare the present status of the chemical weapons production facility. Parts (i) through (iii) specify the date that chemical weapons were last produced at the facility, whether the facility has been destroyed, and if so when and how, and whether the facility has been used or modified before entry into force of the Convention for activities not related to the Convention. If the facility has been modified, then information on what modifications have been made, the dates when the non–chemical weapon related activities began there, the nature of such activities, and if applicable, the kind of product. Note that such facilities must nevertheless be destroyed unless their conversion is approved pursuant to Section D of this Part.
Subparagraph 1(i) requires each State Party to specify the measures already taken by the State Party related to the closure (e.g. disconnection of equipment) of the facility. Each State Party must provide a brief description of the procedures that have been or will be taken to inactivate the facility. Closure methods are measures taken to inactivate the facility.
Subparagraph 1(j) requires each State Party to specify the normal pattern of activities conducted at each inactivated facility for safety and security.
Subparagraph 1(k) requires each State Party to declare whether the facility will be converted to a chemical weapons destruction facility, and if so, the dates of such conversion. Note that such conversion is only temporary and must be done in accordance with the requirement set forth in paragraphs 18 through 25 of Part V.
Paragraph 2 of Part V establishes the responsibility of a State Party to make detailed declarations of each chemical weapons production facility on its territory that is, or has been, owned and possessed by another State and that is, or was, located in a place under the jurisdiction or control of another State, at any time since 1 January 1946. It is the responsibility of the territorial State Party to make arrangements with the other State to make such declarations. If for any reason a State Party cannot fulfill its obligation either to declare or to ensure the declaration of such facilities, it must explain why.
Paragraph 3 of Part V requires each State Party to declare any chemical weapons production equipment it has transferred or received from another State since 1 January 1946. The purpose of this paragraph is to provide transparency to past cooperative efforts that may have contributed to an offensive chemical weapons capability. The paragraph recognizes the possibility of information gaps within the period of 1 January 1946 to 1 January 1970 and requires States Parties to declare what they can with an explanation of why a full declaration cannot be provided. However, because all States Parties are obligated to report on all production facilities operated since 1 January 1946, it is understood that such equipment received since 1 January 1946 at any facility must be reported. All States Parties are obligated to provide information on all transfers of chemical weapons production equipment made during the period 1 January 1970 to the time of the declaration.
Paragraph 4 of Part V contains the categories of items that are identified as "chemical weapons production equipment" referred to in paragraph 3. These are: specialized equipment (which is defined in paragraph 5(a) of Part I of this Annex); equipment for the production of equipment specifically designed for use directly in connection with chemical weapons employment (which is understood to mean equipment which produces items or material, e.g. special purpose rocket launchers, that have special features for use of these items for the employment of chemical weapons. The equipment could produce other items, not related to chemical weapons, but the intent of the equipment's capability is to produce the aforementioned items); and equipment designed or used exclusively for producing non–chemical parts for chemical munitions (this equipment differs from that defined in 4(b) in that it relates to the chemical munitions themselves. This equipment includes production equipment designed to produce a non–chemical part that can be used in chemical munitions; however, the intent is to capture equipment designed or used exclusively for manufacturing parts for chemical munitions).
Paragraph 5 of Part V establishes the information required for inclusion in any declaration of past transfer or receipt of chemical weapons production equipment. Subparagraphs (a) through (e) specify the information each declaration must contain.
Subparagraph 5(a) requires giving the name of the State which transferred the equipment to the declaring State Party or which received the transferred equipment from the declaring State Party.
Subparagraph 5(b) requires giving the identity of the declared equipment. This identification is intended to first establish which subparagraph of paragraph 4 defines the equipment transferred and then provide a more specific description of the equipment.
Subparagraph 5(c) requires giving the date of the transfer made by the declaring State Party or the date the declaring State Party received the equipment.
Subparagraph 5(d) requires the State Party to declare whether the equipment was destroyed, if known.
Subparagraph 5(e) requires the State Party to declare the current disposition of the equipment, if known.
Paragraph 6 of Part V specifies the information each State Party is required to submit in the general plan of destruction for each chemical weapons production facility –– expected time–frames for destruction measures to be taken and the methods to be used for destruction. The purpose of this paragraph is to provide confidence that all States Parties have begun the planning for destruction of chemical weapons production facilities prior to entry into force of the Convention.
Paragraph 7 of Part V requires each State Party to provide information regarding any chemical weapons production facility it intends to temporarily convert to a chemical weapons destruction facility. The specific information is specified in the following subparagraphs (a) through (f).
Subparagraph 7(a) requires the State Party to provide an envisaged time–frame for the conversion of the production facility into a destruction facility.
Subparagraph 7(b) requires the State Party to provide an envisaged time–frame for the operation of the destruction facility.
Subparagraph 7(c) requires the State Party to describe the new destruction facility. It is understood that this description should be as close as possible to a detailed description of the destruction facility provided in paragraph 31 of Part IV(A) of this Annex.
Subparagraph 7(d) requires the State Party to describe the methods to be used to destroy special equipment. This equipment is intended to mean primarily "specialized equipment."
Subparagraph 7(e) requires the State Party to provide a time–frame for the destruction of the converted facility after it has completed chemical weapons destruction operations.
Subparagraph 7(f) requires the State Party to describe the methods to be used to destroy the converted facility after it has completed chemical weapons destruction operations.
Paragraphs 8 and 9 of Part V requires States Parties to provide: (1) annual plans for destruction of chemical weapons production facilities not later than 90 days prior to the beginning of the upcoming destruction year; and (2) annual reports on the past year's destruction of chemical weapons production facilities not later than 90 days after the conclusion of the previous destruction year. The information that must be provided is: the capacity (i.e. the amount of the production capacity declared pursuant to subparagraph 1(f)) that is planned to be, or was, destroyed; the names and locations of the facilities where destruction is planned to take place or took place; the individual buildings and pieces of equipment that will be, or were, destroyed; and the methods planned to be used or that were used for destruction.
Paragraph 10 states that it is the responsibility of the territorial State Party to make appropriate arrangements to ensure that the information required in paragraphs 6 through 9 of Part V is provided for the facilities of other States declared pursuant to paragraph 3, but if it cannot fulfill its obligation either to declare or to ensure the declaration of such facilities, it must explain why.
Section B (paragraphs 11 through 42) of Part V sets forth the general principles for destruction of chemical weapons production facilities; principles and methods for closure, technical maintenance prior to destruction, temporary conversion to destruction facilities, and for destruction; order of destruction; and detailed plans for destruction and their review.
Paragraph 11 of Part V establishes that each State Party may decide the methods to be used for the destruction of its chemical weapons production facilities. The methods must be in accordance with the principles laid down in Article V and this Part, in particular paragraphs 12 through 42.
Paragraph 12 of Part V establishes that the purpose of the closure of a chemical weapons production facility is to render it inactive. The minimum requirements for rendering a facility inactive are described in paragraph 13.
Paragraph 13 of Part V establishes that the agreed measures to be taken by a State Party to close a facility will take into account the specific characteristics of each facility. A list of such measures to be included is presented in subparagraphs (a) through (e). (Note that it is expected that such measures will be developed by the Preparatory Commission for approval by the Conference and will be specified in more detail in the individual facility agreements.)
Subparagraph 13(a) requires the State Party to prohibit occupation of the specialized and standard buildings (which are defined in subparagraphs 2(a) and 2(b) of Part I of this Annex), except for agreed activities. Agreed activities refer primarily to maintenance activities which are outlined in paragraphs 15 through 17 and are to be specifically listed in individual facility agreements for each production facility.
Subparagraph 13(b) requires the State Party to disconnect equipment directly related to the production of chemical weapons, including, among other things, process control equipment and utilities. It is understood that utilities necessary for safety and on–site monitoring with instruments will remain intact.
Subparagraph 13(c) requires the State Party to decommission protective installations and equipment used exclusively for the safety of operations of the chemical weapons production facility. This is understood to mean safety equipment necessary when the facility is in operation. Safety equipment necessary for safety and on–site verification, such as lighting, toxic vapor detectors, alarms, first aid stations, and fire fighting equipment could remain.
Subparagraph 13(d) requires installation of blind flanges and other devices to prevent the addition of chemicals to, or the removal of chemicals from:
–– any specialized process equipment for synthesis, separation, or purification of chemicals defined as chemical weapons;
–– any storage tank;
–– any machine for filling chemical weapons;
and to prevent the heating, cooling or supply of electrical or other forms of power to such equipment, storage tanks, or machines. Note that this latter provision is modified by paragraphs 14 and 15, which allow safety and maintenance activities, i.e. heating, cooling, etc. necessary for non–production safety or maintenance would be allowed.
The purpose of this paragraph is to preclude clandestine production by moving chemicals to or from containers through existing conduits or applying heat, refrigeration, or power to filling equipment, storage tanks or containers once used for the synthesis, separation, or purification of chemical weapons.
Subparagraph 13(e) requires the State Party to interrupt rail, road, and other access routes for heavy transportation to the chemical weapons production facility except those required for agreed activities. (Note that agreed activities refer primarily to maintenance activities outlined in paragraphs 15 through 17 and are to be specifically listed in individual facility agreements.) The purpose of this paragraph is to preclude a State Party from easily transporting machinery or bulk chemicals from the site.
Paragraph 14 of Part V allows the State Party to carry out safety and physical security activities at a closed chemical weapons production facility.
Paragraph 15 of Part V establishes that the State Party may carry out standard maintenance activities at a chemical weapons production facility. The paragraph establishes that the purpose of these activities must be for safety reasons, to include visual inspection, preventive maintenance, and routine repairs. The purpose of this paragraph is to ensure that the facility is not an environmental risk and affords a safe working environment for inspectors.
Paragraph 16 of Part V requires the State Party to specify all planned maintenance activities in the general and detailed plans for destruction. It also precludes certain specific activities which could improve or maintain the operability of the facility. Subparagraphs (a) through (c) specify maintenance activities that may not take place in the facility.
Subparagraph 16(a) excludes the replacement of any process equipment. The purpose of this subparagraph is to preclude a State Party from repairing or improving the production line, and to prevent the removal of specialized equipment unless it is to be destroyed.
Subparagraph 16(b) excludes any modification of the characteristics of the chemical process equipment. The purpose of this subparagraph is also to preclude a State Party from maintaining or increasing the capacity of the chemical weapons production facility, or altering the facility in such a way as to preclude an accurate determination at the facility's production capacity, components or specialized equipment.
Subparagraph 16(c) excludes the production of any type of chemical. The purpose of this paragraph is to preclude a State Party from producing chemical weapons and to provide other States Parties with confidence that production is not underway that could mask illicit production.
Paragraph 17 of Part V requires that all maintenance activities shall be subject to monitoring by the Technical Secretariat. The purpose of this paragraph is to give the Technical Secretariat the right, but not the obligation, to monitor all maintenance activities. (Note that the term "monitoring" is understood to mean the same thing as in paragraph 17 of Article V, i.e. the right to check on activities but not to directly oversee them. However, all maintenance activities must be in conformity with paragraph 15, i.e., they must be solely for safety reasons.)
Paragraph 18 of Part V establishes that the measures pertaining to the temporary conversion of chemical weapons production facilities into chemical weapons destruction facilities will be at least as stringent as the regime for chemical weapons production facilities that have not been converted. The purpose of this paragraph is to establish that there are means to ensure that a chemical weapons production facility, before and after its conversion to a destruction facility, is incapable of producing chemical weapons. These means must provide at least the level of confidence that the converted facility is incapable of producing chemical weapons as the means specified in paragraphs 12 through 17 for facilities that will not be converted.
Paragraph 19 of Part V establishes that chemical weapons production facilities that were converted to chemical weapons destruction facilities before the entry into force of the Convention will be declared as chemical weapons production facilities. The purpose of this paragraph is to ensure that all present and former production facilities are identified for appropriate verification and monitoring.
Paragraph 19 also establishes that previously converted chemical weapons production facilities will be subject to an initial visit by inspectors, who shall confirm the correctness of the information about the facility (as provided in accordance with paragraph 1 of Part V). It requires verification that conversion of these facilities was performed in such a manner as to render them inoperable as chemical weapons production facilities. This verification shall fall within the framework of measures provided for facilities that are to be rendered inoperable not later than 90 days after entry into force. The purpose of this requirement is to provide assurance that a previously converted facility was converted in a manner which makes the facility incapable of producing chemical weapons.
Paragraph 20 of Part V requires a State Party, intending to carry out a conversion of a chemical weapons production facility, to submit a general facility conversion plan to the Technical Secretariat not later than 30 days after the Convention enters into force for it, or not later than 30 days after a decision had been taken for temporary conversion. It shall also subsequently submit annual plans.
Paragraph 21 of Part V requires a State Party to inform the Technical Secretariat 150 days before converting a previously closed chemical weapons production facility to a temporary chemical weapons destruction facility. The paragraph also requires the Technical Secretariat, in conjunction with the State Party, to ensure that necessary measures are taken to render the facility inoperable as a chemical weapons production facility after conversion. The purpose of this paragraph is to allow a State Party to convert a chemical weapons production facility to a chemical weapons destruction facility after the entry into force of the Convention. Without this paragraph these facilities would have to remain closed until destroyed.
Paragraph 22 of Part V establishes that a converted chemical weapons production facility must have no more potential for reconversion than an un–converted closed facility. Specifically, reactivation of such a facility shall require no less time than required for reactivation of a closed facility.
Paragraph 23 of Part V establishes that converted chemical weapons production facilities must be destroyed not later than ten years after entry into force of the Convention. The purpose of this paragraph is to ensure that a converted facility completes operations, and is destroyed in the same period as other non–converted chemical weapons production facilities.
Paragraph 24 of Part V establishes that measures taken for the conversion of chemical weapons production facilities will be tailored for each facility dependent on its individual characteristics. This paragraph recognizes that all facilities differ, and therefore an exact standard method of conversion cannot be developed.
Paragraph 25 of Part V establishes that, to ensure non–chemical weapons production capability, the measures to convert a chemical weapons production facility into a chemical weapons destruction facility will not be less than those performed to disable a chemical weapons production facility. The disabling measures cited here are those to be performed within 90 days after the entry into force of the Convention. The measures are listed in paragraph 13 of Part V.
Paragraph 26 of Part V requires the physical destruction of all specialized and standard equipment (which are defined in subparagraphs 5(a) and (b) of Part I of this Annex), and all specialized and standard buildings (which are defined by subparagraphs 2(a) and (b) of Part I of this Annex). Note that conversion of such facilities is allowed, however, pursuant to paragraphs 13 through 15 of Article V and Section D of Part V.
Paragraph 27 of Part V requires a State Party to destroy facilities for producing unfilled chemical munitions and equipment for chemical weapons employment in accordance with subparagraphs (a) through (d).
Subparagraph 27(a) requires the declaration and destruction of facilities used exclusively for the production of non–chemical parts for chemical munitions or equipment specifically designed for use directly in connection which chemical weapons employment. The purpose of this subparagraph is to limit the requirement for declaration and destruction to only those facilities which were used exclusively for the production of chemical munitions parts or exclusively for production of specifically designed equipment for chemical weapons employment. Facilities which were not used exclusively to produce these items are not subject to destruction.
Subparagraph 27(b) requires the physical destruction of equipment designed or used exclusively for producing non–chemical parts for chemical munitions. This paragraph establishes that such equipment includes specially designed molds and metal–forming dies. The paragraph also establishes that this equipment may be removed from its location to a special location for destruction. This paragraph recognizes that facilities not included in subparagraph 27(a) may also contain specialized equipment and that equipment must also be physically destroyed under the terms of the Convention. It also recognizes the possible inability to destroy the equipment in its present location.
Subparagraph 27(c) requires that all buildings (defined in paragraph 2 of Part I) and standard equipment (defined in paragraph 5(b) of Part I of this Annex) for the production of unfilled chemical munitions and equipment for chemical weapons employment be destroyed or converted for purposes not prohibited by the Convention (listed in paragraph 9 of Article II). Confirmation of such destruction or conversion may be done, as necessary, through consultations and inspections as provided under Article IX, i.e. challenge inspections. The purpose of this paragraph is to establish that buildings at these types of facilities and standard equipment may be converted to uses not prohibited by the Convention. It also establishes that such conversion is not subject to the routine verification mechanisms of the Convention which apply to the facilities and equipment specified in subparagraphs 27(a) and (b), but if a concern is raised, it should be handled through the consultative and fact–finding mechanisms of Article IX. The rationale for non–routine monitoring is that these are generic metal–and plastic–forming operations, not chemical weapons specific, and thus pose no special risk.
Subparagraph 27(d) allows activities for purposes not prohibited by the Convention (listed in paragraph 9 of Article II) to continue while destruction and conversion proceeds.
Paragraph 28 of Part V provides the rationale for the order of destruction used in the Convention. Specifically, this paragraph states that the order of destruction of chemical weapons production facilities is based on the obligations specified in Article I (e.g. the prohibition on the production of chemical weapons) and the other Articles, including obligations regarding systematic on–site verification. The order of destruction takes into account interests of States Parties for undiminished security during the destruction period; confidence–building in the early part of the destruction stage; gradual acquisition of experience in the course of destroying chemical weapons production facilities; and applicability irrespective of the actual composition of the facilities and the methods chosen for their destruction. Finally, it states that the order of destruction is based on the principle of leveling out.
Note that this is the same rationale as for chemical weapons. Note also that, as with chemical weapons, the principle of leveling out is understood to mean that States Parties with larger capacities to produce chemical weapons are required to destroy a larger amount of that capacity than States Parties with smaller capacities so that all States Parties finish destruction concurrently, by the end of the tenth year after entry into force. This provides an equitable process and enhanced security for States Parties by requiring destruction of the same proportion of chemical weapons production capability as other States Parties throughout the destruction period.
Paragraph 29 of Part V establishes that each State Party will decide which chemical weapons production facilities will be destroyed during each destruction period. The purpose of this paragraph is to provide the State Party with the right to plan the order in which it destroys production facilities to take into account, inter alia, economic or technical considerations. The paragraph establishes that a specific rate of destruction will be followed. That rate is defined in the following two paragraphs. The paragraph also establishes that the State Party is not precluded from destroying its chemical weapons production capability at a rate faster than specified in the Convention.
Paragraph 30 establishes destruction rates for chemical weapons production facilities that produced chemical(s) listed in Schedule 1 of the Annex on Chemicals.
Subparagraph 30(a) requires each State Party to begin destruction of facilities that produced Schedule 1 chemical(s) not later than 1 year after the Convention enters into force for it. It also requires destruction of all such facilities by not later than 10 years after the Convention enters into force. For States which are States Parties at the Convention's entry into force, the overall destruction period will be divided into three separate periods, namely years 2–5, 6–8, and 9–10. For States who become Parties after the entry into force of the Convention, the destruction periods will be adapted, taking paragraphs 28 and 29 into account.
Note that, unlike for chemical weapons, no specific amounts of capacity are required to be destroyed during these periods.
Subparagraph 30(b) establishes that production capacity will be used as a comparison factor for chemical weapons production facilities. (Production capacity is defined in paragraph 10 of Article II.) A facility's capacity will be determined in accordance with subparagraph 1(f) of Part V of this Annex. The capacity will be expressed in agent tons, taking into account the rules for binary chemical weapons provided in paragraph 18 of Part IV(A) of this Annex.
Subparagraph 30(c) requires that appropriate agreed levels of production capacity will be established for the end of the eighth year after entry into force of the Convention. Note that these levels are expected to be developed by the Preparatory Commission for approval by the Conference.
This subparagraph also states that production capacity in excess of this amount will be required to be destroyed in equal increments during the first two destruction periods. The purpose of this paragraph is to establish a mechanism for leveling out the Schedule 1 chemical weapons production capacity of each State Party. Each State is obligated to destroy in equal amounts in each of the first two destruction periods, any capacity in excess of that which will be established for the end of the eighth year. Note that this subparagraph establishes the parameters for the amount of capacity to be destroyed while the Conference will determine the exact amounts.
Subparagraph 30(d) establishes that a requirement to destroy a given amount of capacity shall entail a requirement to destroy any other chemical weapons production facility that supplied the Schedule 1 facility or filled the Schedule 1 chemical produced there into munitions and devices. The purpose of this paragraph is to ensure that support facilities are destroyed along with the main chemical weapons production facility. These support facilities are those that supplied the Schedule 1 facility to facilitate its operation or filled into munitions or devices the Schedule 1 chemical produced at the facility.
Subparagraph 30(e) establishes that any chemical weapons production facility that has been converted temporarily for destruction of chemical weapons will continue to be subject to the obligation to destroy capacity according to the provisions of paragraph 30. The purpose of this paragraph is to ensure that converted facilities are included in the total capacity to be destroyed by a State Party, and are destroyed accordingly.
Paragraph 31 of Part V requires a State Party to begin destruction of chemical weapons production facilities not covered in paragraph 30 within one year after entry into force of the Convention, and finish destruction within five years after entry into force. The purpose of this paragraph is to require the destruction of all chemical weapons production facilities that produce or fill chemicals other than those listed on Schedule 1.
Paragraph 32 of Part V requires each State Party to provide to the Technical Secretariat with detailed plans for the destruction of each of its chemical weapons production facilities. The detailed plans must be provided at least 180 days prior to the start of the destruction and include proposed measures for the verification of destruction. The proposed verification measures must include when inspectors should be present to verify destruction and the procedures to be used to verify the destruction of each item to be destroyed.
Paragraph 33 of Part V requires each State Party to include minimum specific information in its detailed plans for destruction of each chemical weapons production facility. This information is listed in subparagraphs (a) through (h) and is intended to facilitate Technical Secretariat preparations for verification.
Subparagraph 33(a) requires a detailed time schedule for the destruction process.
Subparagraph 33(b) requires a layout of the facility. This is understood to mean a drawing showing the arrangement of buildings, equipment and storage containers within the facility, the roads and rail lines in the facility, and any docks, runways, helipads, and gates on the facility. The requirement is intended to provide the Technical Secretariat with information on the size and complexity of the facility.
Subparagraph 33(c) requires the facility's process flow diagram. This is understood to mean a detailed diagram showing configuration of the specialized equipment and major items of standardized equipment, and the flow of chemicals in the production process.
Subparagraph 33(d) requires a detailed inventory of equipment, buildings, and other items to be destroyed.
Subparagraph 33(e) requires the State Party describe the measures to be used to destroy each item listed in subparagraph 33(d).
Subparagraph 33(f) requires the State Party describe the measures proposed to verify the destruction of each item listed in subparagraph 33(d).
Subparagraph 33(g) requires the State Party to list the security and safety measures to be observed during the destruction of the chemical weapons production facility. Note that paragraph 43 of Part II of this Annex requires inspectors to observe the safety regulations established at the inspection site.
Subparagraph 33(h) requires the State Party to list the working and living conditions to be provided to the inspectors during the verification of destruction.
Paragraph 34 of Part V requires a State Party to notify the Technical Secretariat of any conversion of a chemical weapons production facility to a temporary chemical weapons destruction facility 150 days prior to undertaking any activities for conversion. The contents of the notification are specified in subparagraphs (a) through (g).
Subparagraph 34(a) requires the State Party to specify the name, address, and location of the facility to be converted.
Subparagraph 34(b) requires the State Party to provide a site diagram, indicating all structures and areas that will be involved in the destruction of chemical weapons and also identify all structures of the chemical weapons production facility that are to be temporarily converted.
Subparagraph 34(c) requires the State Party to specify the types of chemical weapons and the type and quantity of agent fill to be destroyed at the converted facility.
Subparagraph 34(d) requires the State Party to specify the destruction method to be applied to the converted facility.
Subparagraph 34(e) requires the State Party to provide a process flow diagram, indicating which portions of the production process and specialized equipment will be converted for the destruction of chemical weapons.
Subparagraph 34(f) requires the State Party to specify the seals and inspection equipment potentially affected by the conversion, if applicable. This provision applies if the facility to be converted is already under monitoring provisions as an inactive chemical weapons production facility.
Subparagraph 34(g) requires the State Party to provide a schedule identifying: the time allocated to design of the converted facility, temporary conversion of the facility, installation of equipment, equipment check–out, destruction operations, and closure of the facility once chemical weapons destruction is completed.
Paragraph 35 of Part V requires the State Party to provide information on plans for destruction of a chemical weapons production facility that was temporarily converted for the destruction of chemical weapons in accordance with paragraphs 32 and 33.
Paragraph 36 of Part V requires the Technical Secretariat to prepare a plan for verifying the destruction of the chemical weapons production facility based on the detailed plan for destruction and verification measures submitted by the State Party, Technical Secretariat experience from previous inspections, and consultations with the State Party to be inspected. Any differences between the Technical Secretariat and the State Party concerning appropriate measures should be resolved through consultation. Any unresolved matters will be forwarded to the Executive Council for appropriate action with a view to facilitating the full implementation of the Convention.
Paragraph 37 of Part V requires the combined plans for destruction and verification to be agreed between the State Party and the Executive Council and the agreement to be completed not less than 60 days before the planned initiation of destruction. This is to ensure that the provisions of Article V (destruction of chemical weapons production facilities) and this Part are fulfilled.
Paragraph 38 of Part V establishes that each member of the Executive Council may consult with the Technical Secretariat on any issue regarding the adequacy of the combined plan for destruction and verification of the chemical weapons production facility. If there is no objection by any member of the Executive Council, the plan will be put into action.
Paragraph 39 of Part V requires the Executive Council to enter into consultations with the State Party if there are any difficulties in reaching agreement on the combined plans for destruction and verification of the chemical weapons production facility. Any unresolved issues will be referred to the Conference. The paragraph also establishes that any differences over methods of destruction will not delay the execution of other parts of the destruction plan that are acceptable.
Paragraph 40 of Part V establishes that if agreement is not reached with the Executive Council on aspects of verification, or if the approved verification plan cannot be put into action, verification of destruction will proceed through continuous monitoring with on–site instruments and physical presence of observers. The purpose of this paragraph is to require that if the detailed plan for verification is not agreed, destruction of the facility will proceed under international monitoring, with inspectors continuously present.
Paragraph 41 of Part V establishes that once agreed, destruction and verification of the chemical weapons production facility will proceed under the agreed plan, and that the verification will not unduly interfere with the destruction process and will be conducted through the presence of inspectors on–site to witness the destruction of the chemical weapons production facility.
Paragraph 42 of Part V establishes that if required verification or destruction actions are not taken as planned, all States Parties will be so informed. It is understood that informing all States Parties is the responsibility of the Technical Secretariat.
Section C (paragraphs 43 through 63) of Part V provides for verification of declarations, systematic verification of chemical weapons production facilities, cessation of activities at chemical weapons production facilities, verification of destruction, and verification of temporary conversion of production facilities into destruction facilities.
Paragraph 43 of Part V requires the Technical Secretariat to conduct initial inspections of all declared chemical weapons production facilities within a State Party within the period between 90 and 120 days after the Convention enters into force for the State Party. Note that procedures for initial inspections are expected to be developed by the Preparatory Commission for approval by Conference.
Paragraph 44 of Part V specifies the purposes of the initial inspections.
Subparagraph 44(a) specifies that the initial inspection is to confirm that production of chemical weapons has ceased and that the facility has been inactivated in accordance with the Convention. Requirements for inactivation are specified in paragraphs 12 through 17.
Subparagraph 44(b) specifies that a purpose of the initial inspection is to permit the Technical Secretariat to familiarize itself with the measures that have been taken to cease production of chemical weapons at the facility.
Subparagraph 44(c) specifies that the initial inspection is to permit the inspectors to install temporary seals.
Subparagraph 44(d) specifies that the initial inspection is to permit the inspectors to confirm inventory of buildings and specialized equipment.
Subparagraph 44(e) specifies that a purpose of the initial inspection is to obtain information necessary for planning inspection activities at the facility, including the use of tamper–indicating seals and other agreed equipment, which will be installed pursuant to the detailed facility agreement for the facility.
Subparagraph 44(f) specifies that the initial inspection is to conduct preliminary discussions regarding a detailed agreement on inspection procedures at the facility.
Paragraph 45 of Part V establishes that inspectors have the right, as appropriate, to employ agreed seals, markers or other inventory control procedures to facilitate an accurate inventory of the declared items at each chemical weapons production facility. Note that the types of seals, markers or other inventory control procedures to be used are expected to be determined by the Preparatory Commission for approval by the Conference.
Paragraph 46 of Part V establishes that inspectors have the right to install agreed devices as necessary to indicate if any resumption of production of chemical weapons occurs or if any declared item is removed. Note that the types of such devices are expected to be determined by the Preparatory Commission for approval by the Conference. This paragraph further specifies that inspectors will take precautions so the application of agreed devices will not hinder closure activities by the inspected State Party. This paragraph also establishes that inspectors may return to the facility to maintain and verify the integrity of the devices.
Paragraph 47 of Part V establishes that if, on the basis of the initial inspection, the Director–General believes that additional measures are necessary to inactivate the facility in accordance with the Convention (paragraphs 12 through 17 of Part V), the Director–General may request, not later than 135 days after the Convention enters into force for the State Party, that such measures be implemented by the inspected State Party not later than 180 days after the Convention enters into force for it. At its discretion, the inspected State Party may satisfy the request. If it does not satisfy the request, the inspected State Party and the Director–General will consult to resolve the matter. Discretion is allowed to deal with measures that may not be practicable, e.g. they may be inconsistent with safety rules at the facility.
Paragraph 48 of Part V establishes that the purpose of systematic verification of a chemical weapons production facility is to ensure that any resumption of production of chemical weapons or removal of declared items at the facility will be detected.
Paragraph 49 of Part V specifies the required elements of a detailed facility agreement. The specific elements are listed in subparagraphs (a) through (c).
Subparagraph 49(a) requires the specification of detailed on–site inspection procedures, which may (illustratively) include: visual examinations; checking and servicing of seals and other agreed devices; and obtaining and analyzing samples.
Subparagraph 49(b) requires the specification of procedures for using tamper–indicating seals and other agreed equipment to prevent the undetected reactivation of the facility, which will further specify: the type, placement, and arrangements for installation; and the maintenance of such seals and equipment.
Subparagraph 49(c) requires other agreed measures to be specified.
Paragraph 50 of Part V requires the placement of seals or other approved equipment provided for in a detailed agreement on inspection measures for that facility not later than 240 days after this Convention enters into force for a State Party. Inspectors shall be permitted to visit each chemical weapons production facility for the installations of such seals or equipment.
Paragraph 51 of Part V requires the State Party to permit the Technical Secretariat to conduct up to four inspections of each chemical weapons production facility during each calendar year. This provides the Technical Secretariat with flexibility to allocate verification resources as appropriate based on risk assessment.
Paragraph 52 of Part V requires the Director–General to notify the inspected State Party of his decision to inspect or visit a chemical weapons production facility 48 hours before the planned arrival of the inspection team at the facility for systematic inspections or visits. In the case of inspections or visits to resolve urgent problems, this period may be shortened. The Director–General shall specify the purpose of the inspection or visit. Note that paragraph 17 of Part III requires notification of such inspections 24 hours prior to the arrival of the inspection team at the point of entry.
Paragraph 53 of Part V provides inspectors, in accordance with the facility agreements, unimpeded access to all parts of the chemical weapons production facilities. The items on the declared inventory to be inspected shall be chosen by the inspectors.
Paragraph 54 of Part V establishes that the guidelines for determining the frequency of systematic on–site inspections shall 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. The particular production facility to be inspected is to be chosen by the Technical Secretariat in a manner which precludes the prediction of precisely when the facility is to be inspected.
Paragraph 55 of Part V requires that the purpose of systematic verification of the destruction of chemical weapons production facilities be to confirm that the facility is destroyed in accordance with the obligations under the Convention and that each item on the declared inventory is destroyed in accordance with the agreed detailed plan for destruction.
Paragraph 56 of Part V requires that when all items on the declared inventory have been destroyed, the Technical Secretariat shall confirm the declaration of the State Party to that effect. After confirmation, the Technical Secretariat is required to terminate the systematic verification of the chemical weapons production facility and promptly remove all devices and monitoring instruments installed by the inspectors.
Paragraph 57 of Part V establishes that after the confirmation mentioned in paragraph 56, the State Party shall make the declaration that the facility has been destroyed.
Paragraph 58 of Part V states that not later than 90 days after receiving the initial notification of the State Party's intent to convert temporarily a production facility, the inspectors shall have the right to visit the facility to familiarize themselves with the proposed temporary conversion and to study possible inspection measures that will be required during the conversion.
Paragraph 59 of Part V requires that not later than 60 days after such a visit, the Technical Secretariat and the inspected State Party conclude a transition agreement containing additional inspection measures for the temporary conversion period. The transition agreement shall specify inspection procedures, including the use of seals, monitoring equipment, and inspections, that will provide confidence that no chemical weapons production takes place during the conversion process. This agreement is to remain in force from the beginning of the temporary conversion activity until the facility begins operation as a chemical weapons destruction facility.
Paragraph 60 of Part V requires the inspected State Party to not remove or convert any portion of the facility, or remove or modify any seal or other agreed inspection equipment that may have been installed pursuant to this Convention until the transition agreement has been concluded. Note that the types of seals or other inspection equipment to be used are expected to be determined by the Preparatory Commission for approval by the Conference.
Paragraph 61 of Part V requires the facility, once it begins operation as a chemical weapons destruction facility, to be subject to the provisions of Part IV(A) of this Annex applicable to chemical weapons destruction facilities. Arrangements for the pre–operation period will be governed by the transition agreement.
Paragraph 62 of Part V establishes the right during destruction operations of inspectors to have access to all portions of the temporarily converted chemical weapons production facilities, including those not directly involved with the destruction of chemical weapons.
Paragraph 63 of Part V requires that both before work commences at the facility to convert it temporarily for chemical weapons destruction purposes and after the facility has ceased its destruction functions, the facility shall be subject to Part V provisions applicable to chemical weapons production facilities.
Section D (paragraphs 64 through 86) of Part V sets forth the provisions for conversion of chemical weapons facilities to purposes not prohibited by the Convention, including procedures for requesting conversion, actions pending a decision, conditions for conversion, decisions by the Executive Council and the Conference, detailed plans for conversion, review of the detailed plans, and inspection procedures.
Paragraph 64 of Part V allows a State Party to request the use of a chemical weapons production facility for purposes not prohibited under the Convention for any facility that the State Party is already using for such purposes before the Convention enters into force for it ("already physically converted facilities"), or that it plans to use for such purposes ("planned physically converted facilities".) Such purposes are listed in paragraph 9 of Article II.
(Conversion, under the Convention, has both a physical and a legal component. A chemical weapons production facility that has been converted, but not yet certified by the Conference pursuant to paragraph 68, has been physically converted, but not legally converted under the Convention. The facilities referred to in paragraph 64 and elsewhere as "physically converted" are of this type, i.e. physically converted, but not yet legally certified as converted.)
Paragraphs 65 and 66 of Part V provide that for already physically converted facilities, the request must be submitted to the Director–General not later than 30 days after this Convention enters into force for the State Party, and for planned physically converted facilities, the request must be submitted not later than 30 days after the decision to convert, but in no case later than four years after this Convention enters into force for the State Party. The request must contain, in addition to data submitted in accordance with paragraph 1(h)(iii) of Part V (i.e. whether modified, date, product produced, etc.), the following information:
(a) A detailed justification for the request (including its economic needs in the case of planned physically converted facilities);
(b) A general facility conversion plan that specifies:
(i) The nature of the activity (planned) to be conducted at the facility;
(ii) If the planned activity involves production, processing, or consumption of chemicals: the name of each of the chemicals, the flow diagram of the facility, and the quantities planned to be produced,
(iii) Which buildings or structures are proposed to be used/retained and what modifications are proposed, if any;
(iv) Which buildings or structures have been destroyed or are proposed to be destroyed and the plans for destruction;
(v) What equipment is to be used in the facility (or is proposed to be used in the case of planned physically converted facilities);
(vi) (What equipment has been removed and destroyed and) what equipment is proposed to be removed and destroyed and the plans for its destruction;
(vii) The proposed schedule for conversion (if applicable); and
(viii) The nature of the activity of each other facility operating at the site;
(c) A detailed explanation of how measures set forth in subparagraph (b), as well as any other measures proposed by the State Party, will ensure the prevention of standby chemical weapons production capability at the facility.
Paragraph 67 of Part V establishes that the State Party may propose in its request any other measures it deems appropriate to build confidence.
Paragraph 68 of Part V establishes that pending a decision of the Conference, a State Party may continue to use for purposes not prohibited under the Convention an already physically converted facility, but only if the State Party certifies in its request that no specialized equipment and no specialized buildings are being used and that the specialized equipment and specialized buildings have been rendered inactive using the methods specified in paragraph 13. ("Specialized equipment" and "specialized buildings" are defined in paragraphs 5(a) and 2(a) of Part II of this Annex respectively.)
Paragraph 69 of Part V requires that if the facility is a planned physically converted facility or if the certification required for an already physically converted facility is not made, the State Party will cease immediately all activity pursuant to paragraph 4 of Article V. The State Party is required to close the facility in accordance with paragraph 13 not later than 90 days after this Convention enters into force for it.
Paragraph 70 of Part V requires that as a condition for conversion of a chemical weapons production facility for purposes not prohibited under the Convention, the destruction of all specialized equipment at the facility and elimination of all special features of buildings and structures which distinguish them from buildings and structures normally used for purposes not prohibited under the Convention and not involving Schedule 1 chemicals.
Paragraph 71 of Part V limits the use of converted facilities to activities not closely related to the production of chemical weapons. Specifically, a converted facility can not be used:
(a) For any activity involving production, processing, or consumption of a Schedule 1 chemical or a Schedule 2 chemical; or
(b) For the production of any highly toxic chemical, including any highly toxic organophosphorus chemical, or for any other activity that would require special equipment for handling highly toxic or highly corrosive chemicals, unless the Executive Council decides that such production or activity would pose no risk to the object and purpose of this Convention. This decision must take into account criteria for toxicity, corrosiveness and, if applicable, other technical factors, to be considered and approved by the Conference pursuant to subparagraph 21(i) of Article VIII, i.e. based on reports prepared by the Preparatory Commission.
Paragraph 72 of Part V requires conversion of a chemical weapons production facility to be completed not later than six years after entry into force of the Convention.
Paragraph 73 of Part V requires an initial inspection of the facility to be conducted by the Technical Secretariat not later than 90 days after receipt of the request for conversion by the Director–General. The purpose of this inspection shall be to determine the accuracy of the information provided in the request, to obtain information on the technical characteristics of the proposed converted facility, and to assess the conditions under which use for purposes not prohibited under the Convention may be permitted.
The Director–General is required to submit promptly a report to the Executive Council, the Conference, and all States Parties containing his or her recommendations on the measures necessary to convert the facility to purposes not prohibited under this Convention and to provide assurance that the converted facility will be used only for purposes not prohibited under this Convention.
Paragraph 74 of Part V establishes that if the facility is an already physically converted facility and is continuing to be in operation, but the measures required to be certified under paragraph 68 have not been taken, the Director–General shall immediately inform the Executive Council, which may require implementation of measures it deems appropriate, inter alia, shut–down of the facility and removal of specialized equipment and modification of buildings or structures.
The Executive Council must stipulate the deadline for implementation of these measures and suspend consideration of the request pending their satisfactory completion. The facility must be inspected promptly after the expiration of the deadline to determine whether the measures have been implemented. If not, the State Party will be required to shut down completely all facility operations.
Paragraph 75 of Part V requires the Conference as soon as possible after receiving the report of the Director–General, and upon recommendation of the Executive Council, to decide, taking into account the report and any views expressed by States Parties, whether to approve the request for conversion and to establish the conditions upon which approval is contingent. If any State Party objects to approval of the request and the associated conditions, consultations are to be undertaken among interested States Parties for up to 90 days to seek a mutually acceptable solution. A decision on the request and associated conditions, along with any proposed modifications thereto, must be taken, as a matter of substance (i.e. by consensus, or if consensus not possible, by two–thirds majority of members present and voting, pursuant to paragraph 18 of Article VIII), as soon as possible after the end of the consultation period.
Paragraph 76 of Part V requires a facility agreement to be completed not later than 90 days after a decision of approval is taken. The facility agreement must contain the conditions under which the conversion and use of the facility is permitted, including measures for verification. Conversion is not allowed to begin before the facility agreement is concluded.
To assist the Technical Secretariat in preparing for verification, paragraph 77 of Part V requires, not less than 180 days before conversion of a chemical weapons production facility is planned to begin, the State Party to provide the Technical Secretariat with the detailed plans for conversion of the facility, including proposed measures for verification of conversion, with respect to, inter alia:
(a) Timing of the presence of the inspectors at the facility to be converted; and
(b) Procedures for verification of measures to be applied to each item on the declared inventory.
Paragraph 78 of Part V further specifies that the detailed plan for conversion of each chemical weapons production facility must contain:
(a) Detailed time schedule of the conversion process;
(b) Layout of the facility before and after conversion;
(c)Process flow diagram of the facility before, and as appropriate, after the conversion;
(d) Detailed inventory of equipment, buildings and structures and other items to be destroyed and of the buildings and structures to be modified;
(e) Measures to be applied to each item on the inventory, if any;
(f) Proposed measures for verification;
(g) Security/safety measures to be observed during the conversion of the facility; and
(h) Working and living conditions to be provided for inspectors.
Paragraph 79 of Part V requires the Technical Secretariat, on the basis of the detailed plan for conversion and proposed measures for verification submitted by the State Party, and on experience from previous inspections, to prepare a plan for verifying the conversion of the facility, consulting closely with the State Party. Any differences between the Technical Secretariat and the State Party concerning appropriate measures are to be resolved through consultations. Any unresolved matters must be forwarded to the Executive Council for appropriate action with a view to facilitating the full implementation of the Convention.
Paragraph 80 of Part V requires that to ensure that the provisions of Article V and this Part are fulfilled, the combined plans for conversion and verification are to be agreed upon between the Executive Council and the State Party. This agreement shall be completed not less than 60 days before conversion is planned to begin.
Paragraph 81 of Part V establishes that each member of the Executive Council may consult with the Technical Secretariat on any issue regarding the adequacy of the combined plan for conversion and verification. If there are no objections by any member of the Executive Council, the plan shall be put into action.
Paragraph 82 of Part V establishes that if there are any difficulties, the Executive Council should enter into consultations with the State Party to reconcile them. If any difficulties remain unresolved, they should be referred to the Conference. The resolution of any differences over methods of conversion should not delay the execution of other parts of the conversion plan that are acceptable. This means that a State Party may be allowed to convert some portions of a facility, but be prohibited from converting or using other parts of the facility.
Paragraph 83 of Part V establishes that if agreement is not reached with the Executive Council on aspects of verification, or if the approved verification plan cannot be put into action, verification of conversion shall proceed through continuous monitoring with on–site instruments and physical presence of inspectors. The purpose of this paragraph is to require that if the detailed plan for verification is not agreed upon, verification of the conversion of the facility will proceed under international monitoring, with inspectors continuously present.
Paragraph 84 of Part V establishes that conversion and verification shall proceed according to the agreed plan. The verification must not unduly interfere with the conversion process and must be conducted through the presence of inspectors to confirm the conversion.
Paragraph 85 of Part V requires that for the 10 years after the Director–General certifies that conversion is complete, the State Party must provide to inspectors unimpeded access to the facility at any time. The inspectors shall have the right to observe all areas, all activities, and all items of equipment at the facility. The inspectors also have the right to verify that the activities at the facility are consistent with any conditions established under this Section, by the Executive Council and the Conference. The inspectors additionally have the right, in accordance with provisions of Section E of Part II of this Annex (the general provisions on sampling) to receive samples from any area of the facility and to analyze them to verify the absence of Schedule 1 chemicals, their stable by–products and decomposition products; verify the absence of Schedule 2 chemicals; and verify that the activities at the facility are consistent with any other conditions on chemical activities established under this Section, by the Executive Council and the Conference. The inspectors also have the right to managed access, in accordance with Section C of Part X of this Annex, to the entire plant site at which the facility is located. During the 10–year period, the State Party must report annually on the activities at the converted facility. Upon completion of the 10–year period, the Executive Council, taking into account recommendations of the Technical Secretariat, shall decide on the nature of continued verification measures.
Paragraph 86 of Part V requires the costs of verification of the converted facility shall be allocated in accordance with Article V, paragraph 19 (i.e. the inspected State Party pays the costs unless otherwise decided by the Executive Council).