INT - 13.01.1993 - Úmluva o zákazu vývoje, výroby, hromadění zásob a použití chemických zbraní a jejich zničení

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INT - 13.01.1993 - Úmluva o zákazu vývoje, výroby, hromadění zásob a použití chemických zbraní a jejich zničení

Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction – CWC

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    CONVENTION ON the PROHIBITION of the DEVELOPMENT, PRODUCTION, STOCKPILING AND USE of CHEMICAL WEAPONS AND ON THEIR DESTRUCTION[/heading:aaaaaa]

    PREAMBLE


    The states parties to this Convention, determined to act with a view to achieving effective progress towards general and complete disarmament under strict and effective international control including the prohibition and elimination of all types of weapons of mass destruction, desiring to contribute to the implementation of the objectives and principles of the Charter of the united nations, recalling that the united nations General assembly has repeatedly condemned all actions that are contrary to the principles and objectives of the the Protocol on the prohibition of the use in war of asphyxiating, poisonous or other gases, and of bacteriological methods of warfare, signed at Geneva on 17. June 1925 (the Geneva protocol of 1925), recognizing that this Convention reaffirms principles and objectives resulting from the Geneva protocol of 1925 and the Convention on the prohibition of the development, production and stockpiling of bacteriological (biological) and toxin weapons and on their destruction signed at London, Moscow and Washington on 10. April 1972, as well as the commitments made on the basis of these documents, bearing in mind the objective contained in article IX of the Convention on the prohibition of the development, production and stockpiling of bacteriological (biological) and toxin weapons and on their destruction, determined to be in the interest of all mankind through the implementation of the provisions of this Convention to exclude completely the possibility of use of chemical weapons and so supplement the obligations assumed under the Geneva protocol of 1925, recognizing the prohibition on the use of herbicides as a martial funds expressed in the relevant agreements and principles of international law, considering that achievements in the field of chemistry should be used exclusively for the benefit of humanity,
    desiring to promote free trade in chemicals as well as international cooperation and exchange of scientific and technical information from the field of chemistry for purposes not prohibited by the Convention in order to strengthen economic and technical development of all the contracting states, convinced that the complete and effective prohibition of the development, production, acquisition, stockpiling, possession, transfer and use of chemical weapons and their destruction, represent a necessary step towards the achievement of these common objectives,have agreed as follows:

    ARTICLE I
    GENERAL OBLIGATIONS



    1. Each state party to this Convention undertakes never under any circumstances:
    a) not to develop, not to produce, otherwise nenabývat, not to accumulate even nepřechovávat chemical weapons
    either directly or indirectly to anyone of chemical weapons do not downgrade;
    b) not to use chemical weapons;
    c) not to carry out any military preparations to use chemical weapons;
    d) in any way help no one, not even to nevyzývat or nepodněcovat to the implementation of the
    any activity prohibited to a contracting state on the basis of this Convention.
    2. Each contracting state in accordance with the provisions of this Convention undertakes to destroy chemical weapons,
    who owns or has in possession or which are located in any place under its jurisdiction or control.
    3. Each contracting state in accordance with the provisions of this Convention undertakes to destroy all chemical weapons left in the territory of another contracting state.
    4. Each contracting state in accordance with the provisions of this Convention undertakes to destroy any objects on manufacture of the chemical weapon, which owns or has in possession or which are located in any place under its jurisdiction or control.
    5. Each contracting state undertakes not to use riot control agents as a combat means.

    ARTICLE II
    DEFINITION AND CRITERIA


    For the purposes of this Convention:
    1. chemical weapons" means the following items, together or separately:
    a) toxic chemicals and their precursors except those that are intended for purposes not prohibited by the Convention if the types and quantities correspond to such purposes;
    b) munitions and devices specifically designed for killing or causing of other harm to the health of the toxic action of the toxic chemicals referred to in paragraph a), which would loosen due to the use of such munitions and devices;
    c) any equipment specifically designed for use in direct connection with the employment of munitions and devices specified in subparagraph b).
    2. "toxic chemical" means: any chemical which may, by its chemical action on life processes cause death, temporary incapacity or permanent harm to health of people or animals. This includes all chemicals, irrespective of their origin or method of production and regardless of whether they arise in the objects, in munitions or elsewhere. (For the purposes of implementing this Convention, toxic chemicals which are subject to control measures, listed in the lists in the Annex on chemicals.)
    3. "precursor" means: any reactive chemical a substance that enters into any phase of any procedure of the production of toxic chemicals. This includes any key component of binary or multi-component chemical system. (For the purposes of implementing this Convention, precursors which are subject to control measures, listed in the lists in the Annex on chemicals.)
    4. "key component of binary or multicomponent chemical systems" (hereinafter referred to as "key component") means: the precursor which has the most significant role in determining the toxic properties of the final product and quickly reacts with other chemicals in the binary or compounding system.
    5. "old chemical weapons" means the following:
    a) chemical weapons produced in 1925; or
    b) chemical weapons produced between 1925 and 1946 that enough has deteriorated that they can no longer be used as chemical weapons.
    6. "ancient chemical weapons" means: chemical weapons, including old chemical weapons, which some state left behind after 1. January 1925 on the territory of another state without its consent.
    7. "substance intended for the suppression of unrest" means: any chemical not mentioned in the list, which is able to in humans rapidly induce irritation of the sensory organs or disabling physical effects which disappear within a short time after the end of exposure.
    8. the expression "object to the production of chemical weapons":
    a) identifies any equipment and any building containing such facility, which was designed, constructed or used at any time after 1. January 1946:
    (i) as part of the stage production of chemicals ("final technological stage") where the operation of this device the material flows include:
    (1) any chemical substance listed in list 1 in the Annex ochemických substances; or
    (2) any other chemical substance that cannot be in the territory of a contracting state, or in any other place under the jurisdiction or control of a contracting state to use for purposes not prohibited by the Convention, in quantities greater than one tonne per annum, which, however, can be used for the purposes of the chemical weapons; or
    (ii) for filling chemical weapons, in particular for filling munitions, devices or containers of bulk substances, the chemical substances listed in list 1; for the filling of chemicals into containers that form part of assembled binary munitions and devices or into chemical submunitions that form part of assembled unitary munitions and devices, and for charging of such containers and chemical submunitions into the respective munitions and devices;
    b) does not refer to:
    (i) any building on the synthesis of chemical substances referred to in point. a), subparagraph i) with a production capacity of less than 1 tonne;
    (ii) no object in which it is or was produced by a chemical listed in the letter. a) subparagraph i) as an inevitable by-product of the production for purposes not prohibited by the Convention, if this chemical does not exceed 3 % of the total production and if the object is subject to declaration and inspection in accordance with the Annex on implementation and control (hereinafter referred to as "The annex"); or
    (iii) a separate shelf microbrew object to the production of chemical substances included in list 1 for purposes not prohibited by the Convention, as specified in the verification annex, part VI.
    9. "the purpose of nezakázanými this Convention" means:
    a) industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes;
    b) protective purposes, purposes directly related to protection against toxic chemicals and protection against chemical weapons;
    c) military purposes not connected with the use of chemical weapons and which are not
    dependent on the use of the toxic properties of chemical substances as weapons;
    d) the purposes of maintaining public order, including domestic riot control.
    10. "production capacity" means:
    the amount of a certain chemical substance, which can annually produce technological process actually used in the relevant object, or planned to use, if the process is not yet in operation. Regarded for her capacity nominal or capacity of the design, if the nominal capacity is not available. Nominal capacity means the volume of production in the conditions optimized for maximum quantity production in the production of the object detected by one or several operational tests. Design capacity means the theoretically calculated
    the volume of production.
    11. "Organisation" means the Organisation for the prohibition of chemical weapons established in accordance with article VIII of this Convention.
    12. For the purposes of article VI, means:
    a) "production" of a chemical substance its formation by chemical reaction;
    b) "processing" of a chemical substance physical process, such as formulation, extraction and purification in which a chemical substance does not change into another chemical substance;
    c) "consumption" of a chemical transformation of a chemical reaction in another chemical substance.


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    ARTICLE III
    DECLARATION


    1. Each contracting state no later than 30 days after this Convention entered into force for it, submit to the Organization the following declaration, in which:
    a) with respect to chemical weapons:
    (i) declare whether it owns or has in possession of any chemical weapons, or whether there are any chemical weapons located in any place under its jurisdiction or
    control;
    (ii) in accordance with the verification annex part IV (A) para. 1 to 3 indicate the exact location, the total quantity and detailed inventory of chemical weapons, which has, or custom, or that are located in any place under its jurisdiction or control, with the exception of chemical weapons referred to in subparagraph (iii);
    (iii) in accordance with the verification annex part IV (A) para. 4 shall report any chemical weapons on its territory that are owned and held by another state and that are located in any place under the jurisdiction or control of another state;
    (iv) in accordance with the verification annex part IV (A) para. 5 declares, whether directly or indirectly after 1. January 1946 transferred or taken over any chemical weapons and specify the transfer or receipt of such weapons;
    (v) in accordance with the verification annex part IV(A) para. 6 submit a general plan of destruction of chemical weapons, which has, or custom, or that are located in any place under its jurisdiction or control;
    b) concerning the old chemical weapon and the left chemical weapons:
    (i) in accordance with the verification annex part IV(B) para. 3 declares whether they are on its territory old chemical weapons and provide all available information;
    (ii) in accordance with the verification annex part IV (B) para. 8 declares, whether they are on his territory placed left by chemical weapons and provide all available information;
    (iii) in accordance with the verification annex part IV(B) para. 10 declares, whether left chemical weapons on the territory of other states and provide all available information;
    c) as regards objects on the production of chemical weapons:
    (i) declare whether it has or had in possession or in the possession of any object navýrobu chemical weapons or whether such object is or was located in any place under its jurisdiction or control at any time after 1. January 1946;
    (ii) in accordance with the verification annex of the parts In the paragraph. 1 in detail, indicating each object to the production of chemical weapons, which has or had in the ownership or possession or that is or has been located in any place under its jurisdiction or control at any time after 1. January 1946, with the exception of the objects referred to in subparagraph iii);
    (iii) in accordance with the verification annex of the parts In the paragraph. 2 notify each object to the production of chemical weapons on its territory that another state has or has in his possession and in the possession and that is or has been located in any place under the jurisdiction or control of another state at any time after 1. January 1946;
    (iv) in accordance with the verification annex of the parts In the paragraph. 3 to 5 declares, whether directly or indirectly transferred or assumed, any equipment for the production of chemical weapons after 1. January 1946 and specify the transfer or receipt of such equipment;
    (v) in accordance with the verification annex of the parts In the paragraph. 6 submit a general plan of destruction of any object on manufacture of chemical weapons, who owns or has in possession or that is located in any place under its jurisdiction or control;
    (vi) in accordance with the verification annex of the parts In the paragraph. 1, subparagraph i) shall detail the correct measures to be taken for closure of any object on manufacture of chemical weapons, who owns or has in possession or that is located in any place under its jurisdiction or control;
    (vii) in accordance with the verification annex of the parts In the paragraph. 7 shall submit a general plan for any temporary conversion of any object to the production of chemical weapons, which is in the possession of, or owns or that is located in any place under its jurisdiction or control, in object on destruction of chemical weapons;
    d) in terms of other objects: the precise location, nature and general scope of activities of any object or undertaking, who owns or has in possession or that is located in any place under its jurisdiction or control, and which was designed, built or used after 1. January 1946 primarily for development of chemical weapons. This declaration contains, inter alia, laboratories, test and evaluation facilities;
    e) as regards riot control agents: specify the chemical name of each chemical, which has for the purpose of suppressing a riot, its structural formula, and if it is assigned, and the registration number of the Chemical Abstracts Service (CAS). This declaration shall be updated not later than 30 days after any change becomes effective.
    2. The provisions of this article and the relevant provisions of the verification annex, part IV is at the discretion of the contracting state do not apply to chemical weapons that have been saved to the country on its territory before 1. January 1977, and continues to remain stored in the ground or that were dropped into the sea from 1. January 1985.

    ARTICLE IV
    CHEMICAL WEAPONS


    1. The provisions of this article and the detailed procedures for its implementation apply to all chemical weapons, which a contracting state has in possession or own or that are located in any place under its jurisdiction or control, except old chemical weapons and abandoned chemical weapons to which it applies, the Control annex, part IV (B).
    2. The detailed procedures for the implementation of this article are contained in the verification annex.
    3. All the places where they are stored or destroyed chemical weapons specified in paragraph 1,
    subject to systematic verification through on-site inspection and monitoring on site of the installed devices in accordance with the verification annex part IV (A).
    4. Each contracting state immediately upon submission of the declaration according to the article. III. 1 will allow access to chemical weapons specified in paragraph 1 for the purpose of the systematic inspections referred to the declaration through on-site inspection. After no contracting state nepřemisťuje any of these chemical weapons with the exception of the relocation of the objects on destruction of chemical weapons.
    To these chemical weapons will allow access for the purpose of systematic on-site inspections.
    5. Each contracting state will allow access to all objects on destruction of chemical weapons and their storage areas, that is in possession of or own or that are located in any place under its jurisdiction or control, for the purpose of systematic control through
    on-site inspection and monitoring on site of the installed devices.
    6. Each state party to destroy all chemical weapons specified in paragraph 1 in accordance with the verification annex and with an agreed rate and sequence of destruction (hereinafter referred to as the "process of destruction"). This destruction will begin no later than two years after, when for this state, this Convention shall enter into force, and shall expire not later than ten years after its entry into force. Contracting state will not prevent destroying these chemical weapons faster.
    7. Each contracting state:
    a) submitted in accordance with the verification annex part IV (A) para. 29 not later than 60 days before the
    the start of each annual period of destruction detailed plans for destruction of chemical weapons
    referred to in paragraph 1. Detailed plans include all stocks that have be
    destroyed during the upcoming annual period of destruction;
    b) annually submit, no later than 60 days after the end of each annual period of the destruction
    declaration on the implementation of its plans for destruction of chemical weapons specified in paragraph 1; and
    c) will confirm, no later than 30 days after the completion of the process of the destruction of all chemical weapons
    referred to in paragraph 1 have been destroyed.
    8. If any state to this Convention, ratifying or acceding to it after the ten-year period of destruction referred to in paragraph 6, it will destroy chemical weapons specified in paragraph 1 as soon as possible.
    The procedure of destruction and strict control procedures for such a contracting state shall by the Executive board.
    9. Any chemical weapons discovered by a contracting state after the initial declaration are reported, secured and destroyed in accordance with the verification annex part IV (A).
    10. Each state party, during transportation, sampling, storage and destruction of chemical weapons maximum priority to ensure the safety of persons and the protection of the environment. Each state party to the chemical weapons transports, removes from them the samples, stores them, and destroys in accordance
    with their state safety and emission standards.
    11. Each contracting state, in whose territory are located the chemical weapons, which is in the possession of or owned by a different state or that are located in any place under the jurisdiction or control of another state, shall make maximum efforts to ensure that these chemical weapons are removed
    from its territory not later than one year after this Convention entered into force for it. If these chemical weapons are not one year removed, a contracting state may request the Organization and other states parties for assistance in their destruction.
    12. Each contracting state undertakes to cooperate on a bilateral basis or through the Technical secretariat with other contracting states which so request for information or assistance regarding methods and technologies for safe and efficient destruction of chemical weapons.
    13. As regards the implementation of control activities pursuant to this article and the verification annex part IV(A) the Organisation shall consider measures to avoid unnecessary duplication of the activities set out in bilateral or multilateral agreements between the contracting states on the control of storage of chemical weapons and on their destruction. For this purpose, the Executive board decides on the limitation of controls on the measures, which are complementary to the measures adopted pursuant to such a bilateral or multilateral agreement, if it finds that:
    a) control the provisions of that agreement are in accordance with the provisions of this article and the verification annex part IV (A);
    b) the implementation of such an agreement provides sufficient guarantees of compliance with the relevant provisions of this Convention; and
    c) the parties to a bilateral or multilateral agreement, kept fully informed the Organization about its control activities.
    14. If the Executive council decides according to paragraph 13, the Organization has the right to monitor the implementation of bilateral or multilateral agreements.
    15. Any of the provisions of paragraphs 13 and 14 shall not affect the obligation of the contracting state to submit a declaration pursuant to article III, this article and the verification annex part IV (A).
    16. Each contracting state shall bear the costs of the destruction of those chemical weapons, which it is obliged to destroy. If the Executive council decides otherwise, be paid also the costs of checking the storage and destruction of these chemical weapons. If the Executive council referred to in paragraph 13 shall decide on the restriction of the control measures of the Organization, the cost of additional inspection and monitoring by the Organisation shall be reimbursed in accordance with the contribution scale Organization of the united nations, as stated in the article. VIII. 7.
    17. The provisions of this article and the relevant provisions of the verification annex, part IV is at the discretion of the contracting state do not apply to chemical weapons that have been saved to the country on its territory before 1. January 1977, and continues to remain stored in the ground or that were dropped into the sea from 1. January 1985.

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    ARTICLE IN the
    OBJECTS ON the PRODUCTION of CHEMICAL WEAPONS


    1. The provisions of this article and the detailed procedures for its implementation apply to all objects on the production of chemical weapons, which a contracting state has in possession or own or which are located in any place under its jurisdiction or control.
    2. The detailed procedures for the implementation of this article are contained in the verification annex.
    3. All objects on the production of chemical weapons referred to in paragraph 1 shall be subject to systematic verification through on-site inspection and monitoring on site of the installed devices in accordance with the verification annex of the parts In.
    4. Each contracting state immediately terminates in the objects on the production of chemical weapons referred to in paragraph 1, all activities with the exception of activities necessary for their closure.
    5. No contracting state build any new objects to the production of chemical weapons or change any of the existing objects for the purpose of production of chemical weapons or for any other activity prohibited by the Convention.
    6. Each contracting state immediately upon submission of the declaration according to the article. III. 1. c) allow access to objects on the production of chemical weapons referred to in paragraph 1 for the purpose of the systematic inspections referred to the declaration through on-site inspection.
    7. Each contracting state:
    a) in accordance with the verification annex of the parts In no later than 90 days after this Convention entered into force for it shall conclude all objects on the production of chemical weapons referred to
    in paragraph 1 and shall make a notice to that effect; and
    b) after the conclusion of the objects on the production of chemical weapons referred to in paragraph 1 will enable the
    them access for the purpose of systematic control through on-site inspection
    and monitoring of on-site installed devices, to ensure that the object remains closed and is subsequently destroyed.
    8. Each state party to destroy all the objects on the production of chemical weapons referred to in paragraph 1 and the follow-up objects and equipment in accordance with the verification annex and with an agreed rate and sequence of destruction (hereinafter referred to as the "process of destruction"). This destruction will begin no later than one year after, when for this state, this Convention shall enter into force, and shall expire not later than ten years after its entry into force. Contracting state does not destroy these objects faster.
    9. Each contracting state:
    a) shall, not later than 180 days before the destruction of each object's detailed plans for destruction of objects on manufacture of chemical weapons referred to in paragraph 1;
    b) annually submit, no later than 90 days after the end of each annual period of the destruction of the declaration on the implementation of their plans of destruction of all objects on the production of chemical weapons
    referred to in paragraph 1; and
    c) will confirm, no later than 30 days after the completion of the process of destruction, that all objects on the production of
    chemical weapons referred to in paragraph 1 have been destroyed.
    10. If any state to this Convention, ratifying or acceding to it after the ten-year period of destruction referred to in paragraph 8, will destroy the objects on the production of chemical weapons referred to in paragraph 1, what
    soon as possible. The procedure of destruction and strict control procedures for such a contracting state shall by the Executive board.
    11. Each contracting state during the destruction of objects on manufacture of chemical weapons a maximum of
    shall give priority to ensuring the safety of people and protection of the environment. Each contracting state will destroy these objects on the production of chemical weapons in accordance with their state safety and emission standards.
    12. Objects on the production of chemical weapons referred to in paragraph 1 may be temporarily converted to objects on destruction of chemical weapons in accordance with the verification annex of the parts In the paragraph. 18 to 25. Such a transmuted object must be destroyed as soon as it ceases to be used for the destruction of chemical weapons, but in any event no later than ten years after the entry into force of this Convention into force.
    13. A contracting state may, in exceptional cases, be necessary necessary to ask for permission to use the objects on the production of chemical weapons referred to in paragraph 1 for the purposes nezakázaným this Convention. Of the approval or denial of the request decides the Conference of the contracting states on the basis of the recommendations of the Executive board and in accordance with the verification annex part V, section D and shall lay down the conditions to which the authorisation is subject.
    14. Object to the production of chemical weapons is converted in such a way that the adapted object has not been empowered to reverse the transformation in the object in the production of chemical weapons than any other object intended for industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes not involving chemicals listed in schedule 1
    15. All the converted objects are subject to systematic verification through on-site inspection and monitoring on site of the installed devices in accordance with the verification annex part V, section D.
    16. As regards control activities pursuant to this article and the verification annex, part V, the Organization shall consider measures to avoid unnecessary duplication of bilateral or multilateral agreements between the contracting states of the control objects on the production of chemical weapons and on their destruction. For this purpose, the Executive board decides on the limitation of controls on the measures, which are complementary to the measures adopted pursuant to such a bilateral or multilateral agreement, if it finds that:
    a) control the provisions of that agreement are in accordance with the control provisions of this
    article and Inspection of the annex to part V;
    b) the implementation of the agreement provides sufficient guarantees of compliance with the relevant provisions of this Convention; and
    c) the parties to a bilateral or multilateral agreement, kept fully inform the Organization about
    their control activities.
    17. If the Executive council decides according to paragraph 16, the Organization has the right to monitor the implementation of bilateral or multilateral agreements.
    18. Any of the provisions of paragraphs 16 and 17 shall not affect the obligation of the contracting state to submit a declaration pursuant to article III, this article and the verification annex, part In.
    19. Each contracting state shall bear the costs of destroying those objects on the production of chemical weapons, which it is obliged to destroy. If the Executive council decides otherwise, be paid also the cost of control under this article. If the Executive council referred to in paragraph 16 decides on the restriction of the control measures of the Organization, the cost of additional inspection and monitoring by Organizations
    be paid in accordance with the contribution scale Organization of the united nations, as stated in the article. VIII. 7.

    ARTICLE VI
    ACTIVITIES not prohibited by THIS CONVENTION


    1. Each contracting state is subject to the provisions of this Convention, the right to develop, produce, otherwise acquire, retain, transfer and use toxic chemicals and their precursors for purposes not prohibited by this Convention.
    2. Each contracting state shall take the necessary measures to ensure that toxic chemicals and their precursors are developed, produced or otherwise acquired, retained, transferred or used within its territory or in any other place under its jurisdiction or control only for purposes not prohibited by this Convention. For this purpose, and for checking that the activity is in
    accordance with the obligations arising from this Convention, be subjected to any contracting state toxic
    chemicals and their precursors listed in schedules 1, 2 and 3 of the Annex on chemical
    substances, objects having a relationship to these chemical substances, and other objects referred to in the verification annex, that are deployed on its territory or in any other place under its jurisdiction or control, to the inspection measures referred to in the verification annex.
    3. Each state party shall subject chemicals listed in schedule 1 (hereinafter referred to as "chemical substances list 1") banning the production, acquisition, possession, transfer and use as specified in the verification annex, part VI. Chemical substances list 1 and the objects referred to in the verification annex part VI to be subjected to systematic verification through on-site inspection and monitoring on site of the installed devices in accordance with this part of the verification annex.
    4. Each state party shall subject chemicals listed in schedule 2 (hereinafter referred to as the "chemical substance list 2") and objects referred to in the verification annex, part VII, monitoring of data and on-site inspection in accordance with this part of the verification annex.
    5. Each state party shall subject chemicals listed in schedule 3 (hereinafter referred to as "chemical substances list 3") and objects referred to in the verification annex part VIII of the monitoring data and on-site inspection in accordance with this part of the verification annex.
    6. Each contracting state shall be subjected to the objects referred to in the verification annex part IX control of data monitoring and eventual on-site inspection in accordance with this part of the verification annex, unless the Conference of the contracting states in accordance with the verification annex part IX of the paragraph. 22 decided otherwise.
    7. Each contracting state no later than 30 days after this Convention entered into force for it, submit the initial declaration of relevant chemicals and objects in accordance with the verification annex.
    8. Each state party shall submit annual declarations on relevant chemicals and facilities in accordance with the verification annex.
    9. For the purpose of on-site inspections will allow each contracting state inspectors access to premises as is required to Control the attachment.
    10. The technical secretariat in the implementation of controls to prevent undue interference in the chemical activities, that contracting state shall for the purposes nezakázaným this Convention,
    and in particular adheres to the provisions set out in the Annex on the protection of confidential information (hereinafter referred to as"Confidentiality annex").
    11. The provisions of this article shall be carried out so as to disturb the economic and technological development of the contracting states and international cooperation in the field of chemistry for purposes not prohibited by this Convention including the international exchange of scientific and technical information, chemicals and equipment for the production, processing or use of chemicals for purposes not prohibited by this Convention.


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    ARTICLE VII
    NATIONAL IMPLEMENTING MEASURES


    General obligations
    1. Each contracting state in accordance with its constitutional processes, adopt the necessary measures to implement the obligations arising from this Convention. In particular:
    a) prohibit natural and legal persons anywhere on its territory or in any other place under its jurisdiction in accordance with international law, any activity
    prohibited to a contracting state by this Convention, including the adoption of sanctions laws in relation to this activity;
    b) will not allow at any place under its control any activity prohibited to a contracting state by this Convention; and
    c) expand in accordance with international law of punitive laws adopted on the basis of the letter a) to any activity prohibited to a contracting state by this Convention, that a natural person with his citizenship being taken anywhere.
    2. Each contracting state shall cooperate with other contracting states and provides an appropriate way of legal assistance to facilitate the implementation of the obligations arising from paragraph 1.
    3. Each contracting state in the implementation of the obligations arising from this Convention, the maximum priority to ensure the safety of persons and the protection of the environment and according to the needs in this direction interacts with other contracting states.
    Relations between the contracting state and Organisation
    4. For the fulfilment of their obligations arising from the Convention each contracting state shall designate or establish a national authority acting as the national coordination centre for effective liaison with the Organization and with other states parties. Each contracting state notifikuje the Organization of its national authority at the time the Convention entered into force for it.
    5. Each contracting state shall inform the Organization on legislative and administrative measures taken to implement this Convention.
    6. With the information and data that it receives from the Organisation as confidential in connection with the implementation of this Convention shall be treated in each contracting state as confidential and in a special mode. With the following information and data shall be treated exclusively in connection with the rights and obligations arising from this Convention and in accordance with the provisions contained in the Confidentiality annex.
    7. Each contracting state undertakes to cooperate with the Organization in the performance of all its functions, in particular to provide assistance to the Technical secretariat.

    ARTICLE VIII
    ORGANIZATION


    And. GENERAL PROVISIONS


    1. The states parties to this Convention hereby establish the Organization for the prohibition of chemical weapons to achieve the purpose and objectives of this Convention, ensure implementation of its provisions, including international monitoring of its observance and to provide a forum for consultation and cooperation between the contracting states.
    2. All the states parties to this Convention are members of the Organization. No contracting state shall be deprived of its membership in the Organization.
    3. The seat of the headquarters of the Organization is the Hague (the Netherlands).
    4. As organs of the Organisation shall be established: the Conference of the contracting states, the Executive council and the Technical secretariat.
    5. The organization carries out its supervisory activities provided for by this Convention in a manner that is least disruptive and enabling the timely and effective achievement of its objectives. Only required information and data, which are necessary to meet obligations under this Convention.
    Take all security measures to protect confidential information about civilian and military activities and to the objects which it learns during the implementation of this Convention, and in particular observes the provisions of the Confidentiality annex.
    6. In the implementation of control activities the Organization seeks to use advances in science and technology.
    7. The cost of the activities of the Organization shall be borne by the contracting states in accordance with the contribution scale Organization of the united nations, adjusted for differences in membership between the united nations and this Organization, and subject to the provisions of articles IV and In. The financial contributions of the contracting states of the Preparatory commission will accordingly be deducted from their contributions to the regular budget. The budget of the Organisation consists of two separate chapters - one for administrative and other expenses and the other for control activities.
    8. A member of the Organization, which is in arrears in the payment of financial contributions to the Organization shall have no voting rights if its outstanding amount higher or equal to the amount of contributions owed for the previous two years. The conference of the contracting states may, however, allow that member to vote if it is convinced that the delay of non-payment is caused by circumstances for a member of the independent.

    B. The CONFERENCE of the CONTRACTING STATES


    the Composition, procedures and decision-making
    9. The conference of the contracting states (hereinafter referred to as "the Conference") shall consist of all members of this Organization. Each member represented at the Conference of one representative, who may be accompanied by alternates and advisers.
    10. The first meeting of the Conference shall convene the depositary no later than 30 days after this Convention enters into force.
    11. The conference meets annually for regular sessions, unless it decides otherwise.
    12. A special session of the Conference shall be convened:
    a) from a decision of the Conference;
    b) at the request of the Executive board;
    c) at the request of any member, which support one third of the members; or
    d) in accordance with paragraph 22 to assess the functioning of this Convention.
    With the exception of the case referred to in point d) special meetings shall be convened no later than 30 days after the receipt of the relevant request by the director-general of the Technical secretariat, if it is not in the application specified otherwise.
    13. The conference will also meet as a variation of the conference in accordance with article. XV, para. 2.
    14. Session of the Conference held at the headquarters of the Organization unless the Conference decides otherwise.
    15. The conference shall adopt its rules of procedure. At the opening of each regular session elect a chairman and, as required, other officers who will remain in their positions until the election of a new president and other officials at the following regular meeting.
    16. The majority of the members of the Organization shall constitute a quorum of the Conference.
    17. Each member Organization has at a Conference of one voice.
    18. The conference takes decisions on procedural matters by a simple majority of those present and voting. Decisions on substantive matters should be adopted by consensus. If it is necessary to decide on some issue and cannot reach a consensus, postponing the chairman of the voting by 24 hours. During this delay, trying to facilitate the achievement of consensus and before the end of this period, shall submit a Conference report. If you cannot reach a consensus even after a lapse of 24 hours, adopted by the Conference decision a two-thirds majority of members present and voting, unless the Convention provides otherwise. In case of doubt about whether it is the question of the substantial or not, is considered to be substantial if it decides the Conference otherwise, and the majority necessary for a decision on the substantive issues.
    Powers and functions
    19. The conference is the main body of the Organization. Consider any questions, matters or issues within the scope of this Convention, including questions relating to the powers and functions of the
    The executive council and the Technical secretariat. May make recommendations and take decisions on all issues, matters or problems relating to this Convention raised by a state party or of which it shall inform the Executive board.
    20. The conference oversees the implementation of the Convention and promotes its purpose and goal. The conference assesses compliance with this Convention. Also performs supervision over the activities of the Executive council and the Technical secretariat and in accordance with this Convention may issue general guidelines for the exercise of their functions.
    21. Conference:
    a) its ordinary meetings it shall consider and adopt a report, the program and budget of the Organisation, submitted by the Executive board, and assessing other reports;
    b) adopt the decision on the contribution scale of the contracting states in accordance with paragraph 7;
    c) elect the members of the Executive council;
    d) appoint the director-general of the Technical secretariat (hereinafter "ceo");
    e) approve the rules of procedure of the Executive board, which this authority provides;
    f) as appropriate, establish subsidiary organs to perform its functions in accordance with this Convention;
    g) assists in the development of peaceful international cooperation in the field of chemistry;
    h) assesses the scientific and technical development, which could affect the operation of this Convention and imposes in this context, the director-general to establish a Scientific advisory council, to enable it in fulfilling its functions to provide to the Conference, Executive council or states parties of expert advice in the areas of science and technology relevant to this Convention. The scientific advisory council consists of independent experts appointed in accordance with the mandate adopted by the Conference;
    i) at its first meeting, shall consider and approve any draft agreements, provisions and guidelines developed by the Preparatory commission;
    j) at its first meeting, establish a voluntary assistance fund, in accordance with article X;
    k) take the necessary measures to ensure compliance with this Convention and to redress and atone for any situation that is in conflict with the provisions of this Convention, and in accordance with the
    article XII.
    22. Not later than one year after the expiry of the fifth and the tenth year after the entry into force of this Convention into force and in any other point during this period, if it so decides, the Conference will meet at a special meeting to review the functioning of this Convention. These evaluations take into account all of the scientific and technical developments relating to the Convention. If he decides otherwise, then with the same aim in five-year intervals, convened another session of the Conference.

    C. The EXECUTIVE BOARD


    the Composition, rules of procedure and adoption of decisions
    23. The executive board consists of 41 members. In accordance with the principle of rotation of each contracting state the right to be a member of the Executive council. Members of the Executive board are elected by the Conference for a period of two years. To ensure the effective functioning of this Convention and with due regard to equitable geographical distribution, the importance of the chemical industry as well as political and security interests, the Executive council composed as follows:
    a) nine of the contracting states from Africa appointed by the contracting states of this region. At the time of their appointment are based on rules that of these nine contracting states are three members in principle, the contracting states, which, according to internationally reported and published data have the most significant national chemical industry in the region. In addition, the regional
    the group also agreed on other regional factors which will take into account in the appointment of these three members;
    b) nine of the contracting states from Asia appointed by the contracting states of this region. At the time of their appointment are based on rules that of these nine contracting states are four members in principle, the contracting states, which, according to internationally reported and published data have the most significant national chemical industry in the region. In addition, the regional group also agreed on other regional factors, which takes into account when designating these four members;
    c) five of the contracting states from Eastern Europe appointed by the contracting states of this region.
    At the time of their appointment are based on rules that of these five states is one member in principle, a contracting state that, according to internationally reported and published data has the most significant national chemical industry in the region. In addition, the regional group also agreed on other regional factors, which takes into account when designating this one member;
    d) seven of the contracting states from Latin America and the Caribbean appointed by the contracting states of this region. At the time of their appointment are based on rules that of these seven contracting states are three members in principle, the contracting states, which, according to internationally reported and published data have the most significant national chemical industry in the region. In addition, the regional group also agreed on other regional factors which will take into account in the appointment of these three members;
    e) ten states parties from the group of western european and other states nominated by the states parties to this group. At the time of their appointment are based on the rules that from these ten of the contracting states is five members in principle, the contracting states, which, according to internationally reported and published data have the most significant national chemical industry in the region. In addition, the regional group also agreed on other regional factors, which takes into account when designating these five members;
    f) another contracting state, appointed by the gradually by the states parties from the Asia region and from the region of Latin America and the Caribbean. When his appointment is based on the rule that the contracting state is a rotating member from these regions.
    24. During the first election of the Executive council shall elect 20 members for a period of one year, with due
    into account the numerical conditions referred to in paragraph 23.
    25. After the full implementation of articles IV and V the Conference at the request of a majority of the members of the Executive board and with regard to developments concerning the principles governing its composition, referred to in paragraph 23 to reconsider the composition of the Executive board.
    26. The executive board shall draw up rules of procedure and shall submit it to the Conference for approval.
    27. The executive board shall elect a chairman from among its members.
    28. The executive board shall meet at regular meetings. Between the regular meetings shall meet as often as required to discharge its powers and functions.
    29. Each member of the Executive council has one vote. If it is not in this Convention otherwise stated, adopted by the Executive board decision on the substantive issues by a two-thirds majority of all its members. Decisions on procedural matters adopted by the Executive board by a simple majority of all its members. In case of doubt about whether it is the question of the substantial or not, is considered to be substantial if unless the Executive board otherwise, and the majority necessary for a decision on the substantive issues.
    Powers and functions
    30. The executive board is the executive body of the Organization. Is responsible Conference. The executive board shall have the powers and functions conferred on it by this Convention, as well as the function that transfers the Conference. When this activity is in line with the recommendations, decisions and guidelines of the Conference and ensures their proper and continuous implementation.
    31. The executive board facilitates the effective implementation of and compliance with this Convention. Oversees the activities of the Technical secretariat, cooperates with the national authority of each contracting state, upon request and facilitates consultation and cooperation between the contracting states.
    32. Executive board:
    a) it shall consider and submit to the Conference the draft programme and budget of the Organization;
    b) consider and submit to the Conference the draft report of the Organization on the implementation of this Convention, the report on the exercise of their own activities and also special reports, which it considers necessary or as may be required by the Conference;
    c) adopt the organizational arrangements for the Conference, including the preparation of the draft agenda.
    33. The executive board may request the convening of a special session of the Conference.
    34. Executive board:
    a) subject to the prior approval of the Conference concludes on behalf of the Organization agreements or arrangements with states and international organisations;
    b) on behalf of the Organization in relation to article X enters into agreements with contracting states and shall supervise the voluntary fund referred to in article X;
    c) approve agreements or arrangements for the implementation of control activities, which were negotiated between the Technical secretariat and states parties.
    35. The executive board shall examine all matters and questions within its competence affecting the Convention and its implementation, including concerns regarding its compliance and cases of non-compliance and, if necessary, inform the contracting states and shall inform about this matter or the issue of the Conference.
    36. In the assessment of a doubt or concerns regarding compliance and cases of non-compliance, in particular the abuse of rights provided for in this Convention, the Executive council shall consult with interested contracting states and, as necessary, invite the state party to accept within the specified period measures to remedy the situation. If the Executive board considers it necessary to take further action, it shall take, inter alia, one or more of the following measures:
    a) inform all states parties of this matter or issue;
    b) inform on a matter or issue of the Conference;
    c) recommend to the Conference measures to remedy the situation and to ensure compliance with this Convention. In cases of particularly serious and urgent, inform the Executive council about a matter or issue, including relevant information and conclusions, directly to the united nations General assembly and united nations security Council. At the same time on this step shall inform all contracting states.


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    D. The TECHNICAL SECRETARIAT


    37. The technical secretariat assists the Conference and the Executive board in the performance of their functions. The technical secretariat carries out the control measures provided for in this Convention. Performs other functions assigned to it by this Convention and features on him delegates Conference and the Executive board.
    38. Technical secretariat:
    a) prepare and submit to the Executive council the draft programme and budget of the Organization;
    b) prepare and submit to the Executive council the draft report of the Organization on the implementation of this Convention
    and in other news, about that Conference or the Executive council may request;
    c) providing to the Conference, the Executive council and subsidiary bodies with administrative and
    technical support;
    d) on behalf of the Organisation shall send the contracting states of the communication in matters relating to
    the implementation of this Convention and accepts it from them;
    e) provides the contracting states with technical assistance and technical evaluation in the implementation of the
    the provisions of this Convention, including the evaluation of chemical substances and
    unchecked in the lists.
    39. Technical secretariat:
    a) subject to the approval of the Executive board negotiates with states parties agreements or arrangements relating to the implementation of control activities;
    b) not later than 180 days after this Convention enters into force shall coordinate the establishment and maintenance of a permanent inventory intended for urgent assistance and humanitarian aid provided by the states parties in accordance with article. X paragraph. 7 point. b) and c). The technical secretariat can inventory items
    control in terms of their applicability. Lists of collected items considered and approved by the Conference pursuant to paragraph. 21 point. i) above;
    c) administer the voluntary fund referred to in article X, collects declarations of the contracting states
    and, on request, registers bilateral agreements concluded between the contracting states or the contracting state and the Organisation for the purposes of article X.
    40. The technical secretariat shall inform the Executive council of any problem that arose regarding the performance of its functions, including doubts, ambiguities or uncertainties about compliance with this Convention, which found in the implementation of control activities, and that he has been unable to resolve or clarify in consultation with the concerned contracting state.
    41. The technical secretariat consists of the general director, who is its head and direct its management, inspectors and according to the needs of the scientific, technical and other staff.
    42. The inspectorate is a department of the Technical secretariat and works under the supervision of the general manager.
    43. The general director is appointed by the Conference upon recommendation of the Executive board for a period of four years which may be renewed for only one additional period.
    44. The managing director is responsible to the Conference and the Executive council for the appointment of staff and for the organisation and functioning of the Technical secretariat. The decisive criterion in recruitment and the determination of conditions of service is mainly to ensure the highest level
    performance, competence and integrity. The director-general, inspectors and other professional and administrative staff, may be only citizens of the contracting states. Appropriate attention is paid to the importance of recruitment on the broadest possible geographical basis. Recruitment is governed by the principle according to which the number of workers maintained at the lowest level necessary to perform the duties of the Technical secretariat.
    45. The managing director is responsible for the organisation and functioning of the Scientific advisory board referred to in paragraph. 21 point. h). The director general, after consultation with the contracting states shall appoint the members of the Scientific advisory board, who act ad personam. Faculty members are appointed on the basis of their expertise in specific scientific fields that are related to the implementation of this Convention. The director-general may also, as appropriate, after consultation with members of the Congregation set up temporary working groups of scientific experts, who shall submit their recommendations to specific problems. With regard to the above, the contracting states to submit to the director-general lists of experts.
    46. Director-general, inspectors and other workers not in the performance of their duties seek or receive instructions from any government or any other source outside the Organization. They shall refrain from any conduct which might damage their position as international officer
    responsible only to the Conference and the Executive board.
    47. Each Contracting state respect the exclusively international character of the responsibilities of the director-general, inspectors and other workers and does not seek their influence in the performance of their duties.

    E. PRIVILEGES AND IMMUNITIES


    48. On the territory and in any other place under the jurisdiction or control of a contracting state is a beneficiary of the Organization such legal capacity and such privileges and immunities what are necessary for the performance of its functions.
    49. The representatives of the contracting states, together with their alternates and advisers, representatives appointed to the Executive council together with their alternates and advisers, the director-general and the staff of the Organization shall enjoy privileges and immunities necessary to the independent exercise of their functions in connection with the Organization.
    50. The legal capacity, privileges and immunities referred to in this article are defined in agreements between the Organisation and the states parties and in the agreement between the Organizations and the state in whose territory is situated the headquarters of the Organization. This agreement considered and approved by the Conference pursuant to paragraph. 21 point. i).
    51. Notwithstanding paragraphs 48 and 49 of a beneficiary of the general director and the staff of the Technical secretariat during the conduct of inspection activities, privileges and immunities referred to in the verification annex, part II
    section B.


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