ICRC databases on international humanitarian law
  • Print page
CHEMICAL WEAPONS PRODUCTION FACILITIES
    ARTICLE V

    CHEMICAL WEAPONS PRODUCTION FACILITIES

    1. The provisions of this Article and the detailed procedures for its
    implementation shall apply to any and all chemical weapons production
    facilities owned or possessed by a State Party, or that are located in any
    place under its jurisdiction or control.

    2. Detailed procedures for the implementation of this Article are set forth in
    the Verification Annex.

    3. All chemical weapons production facilities specified in paragraph 1 shall
    be subject to systematic verification through on-site inspection and
    monitoring with on-site instruments in accordance with Part V of the
    Verification Annex.

    4. Each State Party shall cease immediately all activity at chemical weapons
    production facilities specified in paragraph 1, except activity required for
    closure.

    5. No State Party shall construct any new chemical weapons production
    facilities or modify any existing facilities for the purpose of chemical
    weapons production or for any other activity prohibited under this Convention.


    6. Each State Party shall, immediately after the declaration under Article
    III, paragraph 1 (c), has been submitted, provide access to chemical weapons
    production facilities specified in paragraph 1, for the purpose of systematic
    verification of the declaration through on-site inspection.

    7. Each State Party shall:

    (a) Close, not later than 90 days after this Convention enters into force
    for it, all chemical weapons production facilities specified in paragraph 1,
    in accordance with Part V of the Verification Annex, and give notice thereof;
    and

    (b) Provide access to chemical weapons production facilities specified in
    paragraph 1, subsequent to closure, for the purpose of systematic verification
    through on-site inspection and monitoring with on-site instruments in order to
    ensure that the facility remains closed and is subsequently destroyed.

    8. Each State Party shall destroy all chemical weapons production facilities
    specified in paragraph 1 and related facilities and equipment, pursuant to the
    Verification Annex and in accordance with an agreed rate and sequence of
    destruction (hereinafter referred to as "order of destruction"). Such
    destruction shall begin not later than one year after this Convention enters
    into force for it, and shall finish not later than 10 years after entry into
    force of this Convention. A State Party is not precluded from destroying such
    facilities at a faster rate.

    9. Each State Party shall:

    (a) Submit detailed plans for destruction of chemical weapons production
    facilities specified in paragraph 1, not later than 180 days before the
    destruction of each facility begins;

    (b) Submit declarations annually regarding the implementation of its plans
    for the destruction of all chemical weapons production facilities specified in
    paragraph 1, not later than 90 days after the end of each annual destruction
    period; and

    (c) Certify, not later than 30 days after the destruction process has been
    completed, that all chemical weapons production facilities specified in
    paragraph 1 have been destroyed.

    10. If a State ratifies or accedes to this Convention after the 10-year period
    for destruction set forth in paragraph 8, it shall destroy chemical weapons
    production facilities specified in paragraph 1 as soon as possible. The order
    of destruction and procedures for stringent verification for such a State
    Party shall be determined by the Executive Council.

    11. Each State Party, during the destruction of chemical weapons production
    facilities, shall assign the highest priority to ensuring the safety of people
    and to protecting the environment. Each State Party shall destroy chemical
    weapons production facilities in accordance with its national standards for
    safety and emissions.

    12. Chemical weapons production facilities specified in paragraph 1 may be
    temporarily converted for destruction of chemical weapons in accordance with
    Part V, paragraphs 18 to 25, of the Verification Annex. Such a converted
    facility must be destroyed as soon as it is no longer in use for destruction
    of chemical weapons but, in any case, not later than 10 years after entry into
    force of this Convention.

    13. A State Party may request, in exceptional cases of compelling need,
    permission to use a chemical weapons production facility specified in
    paragraph 1 for purposes not prohibited under this Convention. Upon the
    recommendation of the Executive Council, the Conference of the States Parties
    shall decide whether or not to approve the request and shall establish the
    conditions upon which approval is contingent in accordance with Part V,
    Section D, of the Verification Annex.

    14. The chemical weapons production facility shall be converted in such a
    manner that the converted facility is not more capable of being reconverted
    into a chemical weapons production facility than any other facility used for
    industrial, agricultural, research, medical, pharmaceutical or other peaceful
    purposes not involving chemicals listed in Schedule 1.

    15. All converted facilities shall be subject to systematic verification
    through on-site inspection and monitoring with on-site instruments in
    accordance with Part V, Section D, of the Verification Annex.

    16. In carrying out verification activities pursuant to this Article and Part
    V of the Verification Annex, the Organization shall consider measures to avoid
    unnecessary duplication of bilateral or multilateral agreements on
    verification of chemical weapons production facilities and their destruction
    among States Parties.

    To this end, the Executive Council shall decide to limit the verification to
    measures complementary to those undertaken pursuant to such a bilateral or
    multilateral agreement, if it considers that:

    (a) Verification provisions of such an agreement are consistent with the
    verification provisions of this Article and Part V of the Verification Annex;

    (b) Implementation of the agreement provides for sufficient assurance of
    compliance with the relevant provisions of this Convention; and

    (c) Parties to the bilateral or multilateral agreement keep the Organization
    fully informed about their verification activities.

    17. If the Executive Council takes a decision pursuant to paragraph 16, the
    Organization shall have the right to monitor the implementation of the
    bilateral or multilateral agreement.

    18. Nothing in paragraphs 16 and 17 shall affect the obligation of a State
    Party to make declarations pursuant to Article III, this Article and Part V of
    the Verification Annex.

    19. Each State Party shall meet the costs of destruction of chemical weapons
    production facilities it is obliged to destroy. It shall also meet the costs
    of verification under this Article unless the Executive Council decides
    otherwise. If the Executive Council decides to limit verification measures of
    the Organization pursuant to paragraph 16, the costs of complementary
    verification and monitoring by the Organization shall be paid in accordance
    with the United Nations scale of assessment, as specified in Article VIII,
    paragraph 7.


<< Previous     Up     Next >>