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DEFINITIONS AND CRITERIA
    ARTICLE II

    DEFINITIONS AND CRITERIA

    For the purposes of this Convention:

    1. "Chemical Weapons" means the following, together or separately:

    (a) Toxic chemicals and their precursors, except where intended for purposes
    not prohibited under this Convention, as long as the types and quantities are
    consistent with such purposes;

    (b) Munitions and devices, specifically designed to cause death or other
    harm through the toxic properties of those toxic chemicals specified in
    subparagraph (a), which would be released as a result of the employment of
    such munitions and devices;

    (c) Any equipment specifically designed for use directly in connection with
    the employment of munitions and devices specified in subparagraph (b).

    2. "Toxic Chemical" means:

    Any chemical which through its chemical action on life processes can cause
    death, temporary incapacitation or permanent harm to humans or animals. This
    includes all such chemicals, regardless of their origin or of their method of
    production, and regardless of whether they are produced in facilities, in
    munitions or elsewhere.

    (For the purpose of implementing this Convention, toxic chemicals which have
    been identified for the application of verification measures are listed in
    Schedules contained in the Annex on Chemicals.)

    3. "Precursor" means:

    Any chemical reactant which takes part at any stage in the production by
    whatever method of a toxic chemical. This includes any key component of a
    binary or multicomponent chemical system.

    (For the purpose of implementing this Convention, precursors which have been
    identified for the application of verification measures are listed in
    Schedules contained in the Annex on Chemicals.)

    4. "Key Component of Binary or Multicomponent Chemical Systems" (hereinafter
    referred to as "key component") means:

    The precursor which plays the most important role in determining the toxic
    properties of the final product and reacts rapidly with other chemicals in the
    binary or multicomponent system.

    5. "Old Chemical Weapons" means:

    (a) Chemical weapons which were produced before 1925; or

    (b) Chemical weapons produced in the period between 1925 and 1946 that have
    deteriorated to such extent that they can no longer be used as chemical
    weapons.

    6. "Abandoned Chemical Weapons" means:

    Chemical weapons, including old chemical weapons, abandoned by a State after 1
    January 1925 on the territory of another State without the consent of the
    latter.

    7. "Riot Control Agent" means:

    Any chemical not listed in a Schedule, which can produce rapidly in humans
    sensory irritation or disabling physical effects which disappear within a
    short time following termination of exposure.

    8. "Chemical Weapons Production Facility":

    (a) Means any equipment, as well as any building housing such equipment,
    that was designed, constructed or used at any time since 1 January 1946:

    (i) As part of the stage in the production of chemicals ("final
    technological stage") where the material flows would contain, when
    the equipment is in operation:

    (1) Any chemical listed in Schedule 1 in the Annex on Chemicals;
    or
    (2) Any other chemical that has no use, above 1 tonne per year
    on the territory of a State Party or in any other place
    under the jurisdiction or control of a State Party, for
    purposes not prohibited under this Convention, but can be
    used for chemical weapons purposes;

    or

    (ii) For filling chemical weapons, including, inter alia, the filling
    of chemicals listed in Schedule 1 into munitions, devices or bulk
    storage containers; 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 the loading of the containers and
    chemical submunitions into the respective munitions and devices;

    (b) Does not mean:

    (i) Any facility having a production capacity for synthesis of
    chemicals specified in subparagraph (a) (i) that is less than 1
    tonne;

    (ii) Any facility in which a chemical specified in subparagraph (a) (i)
    is or was produced as an unavoidable by-product of activities for
    purposes not prohibited under this Convention, provided that the
    chemical does not exceed 3 per cent of the total product and that
    the facility is subject to declaration and inspection under the
    Annex on Implementation and Verification (hereinafter referred to
    as "Verification Annex"); or

    (iii)The single small-scale facility for production of chemicals listed
    in Schedule 1 for purposes not prohibited under this Convention as
    referred to in Part VI of the Verification Annex.

    9. "Purposes Not Prohibited Under this Convention" means:

    (a) Industrial, agricultural, research, medical, pharmaceutical or other
    peaceful purposes;

    (b) Protective purposes, namely those purposes directly related to
    protection against toxic chemicals and to protection against chemical weapons;

    (c) Military purposes not connected with the use of chemical weapons and not
    dependent on the use of the toxic properties of chemicals as a method of
    warfare;

    (d) Law enforcement including domestic riot control purposes.

    10. "Production Capacity" means:

    The annual quantitative potential for manufacturing a specific chemical based
    on the technological process actually used or, if the process is not yet
    operational, planned to be used at the relevant facility. It shall be deemed
    to be equal to the nameplate capacity or, if the nameplate capacity is not
    available, to the design capacity. The nameplate capacity is the product
    output under conditions optimized for maximum quantity for the production
    facility, as demonstrated by one or more test-runs. The design capacity is the
    corresponding theoretically calculated product output.

    11. "Organization" means the Organization for the Prohibition of Chemical
    Weapons established pursuant to Article VIII of this Convention.

    12. For the purposes of Article VI:

    (a) "Production" of a chemical means its formation through chemical
    reaction;

    (b) "Processing" of a chemical means a physical process, such as
    formulation, extraction and purification, in which a chemical is not converted
    into another chemical;

    (c) "Consumption" of a chemical means its conversion into another chemical
    via a chemical reaction.


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