CONVENTION ON the PROHIBITION of the DEVELOPMENT, PRODUCTION, STOCKPILING AND USE of CHEMICAL WEAPONS AND ON THEIR DESTRUCTION[/heading]
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.
Source
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GENERAL OBLIGATIONS
DEFINITION AND CRITERIA