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Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction, Paris 13 January 1993

CHEMICAL WEAPONS

ARTICLE IV

CHEMICAL WEAPONS

1. The provisions of this Article and the detailed procedures for its

implementation shall apply to all chemical weapons owned or possessed by a

State Party, or that are located in any place under its jurisdiction or

control, except old chemical weapons and abandoned chemical weapons to which

Part IV (B) of the Verification Annex applies.

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

the Verification Annex.

3. All locations at which chemical weapons specified in paragraph 1 are stored

or destroyed shall be subject to systematic verification through on-site

inspection and monitoring with on-site instruments, in accordance with Part IV

(A) of the Verification Annex.

4. Each State Party shall, immediately after the declaration under Article

III, paragraph 1 (a), has been submitted, provide access to chemical weapons

specified in paragraph 1 for the purpose of systematic verification of the

declaration through on-site inspection. Thereafter, each State Party shall not

remove any of these chemical weapons, except to a chemical weapons destruction

facility. It shall provide access to such chemical weapons, for the purpose of

systematic on-site verification.

5. Each State Party shall provide access to any chemical weapons destruction

facilities and their storage areas, that it owns or possesses, or that are

located in any place under its jurisdiction or control, for the purpose of

systematic verification through on-site inspection and monitoring with on-site

instruments.

6. Each State Party shall destroy all chemical weapons specified in paragraph

1 pursuant to the Verification Annex and in accordance with the agreed rate

and sequence of destruction (hereinafter referred to as "order of

destruction"). Such destruction shall begin not later than two years 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 chemical weapons at a faster rate.

7. Each State Party shall:

(a) Submit detailed plans for the destruction of chemical weapons specified

in paragraph 1 not later than 60 days before each annual destruction period

begins, in accordance with Part IV (A), paragraph 29, of the Verification

Annex; the detailed plans shall encompass all stocks to be destroyed during

the next annual destruction period;

(b) Submit declarations annually regarding the implementation of its plans

for destruction of chemical weapons specified in paragraph 1, not later than

60 days after the end of each annual destruction period; and

completed, that all chemical weapons specified in paragraph 1 have been

destroyed.

8. If a State ratifies or accedes to this Convention after the 10-year period

for destruction set forth in paragraph 6, it shall destroy chemical weapons

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.

9. Any chemical weapons discovered by a State Party after the initial

declaration of chemical weapons shall be reported, secured and destroyed in

accordance with Part IV (A) of the Verification Annex.

10. Each State Party, during transportation, sampling, storage and destruction

of chemical weapons, shall assign the highest priority to ensuring the safety

of people and to protecting the environment. Each State Party shall transport,

sample, store and destroy chemical weapons in accordance with its national

standards for safety and emissions.

11. Any State Party which has on its territory chemical weapons that are owned

or possessed by another State, or that are located in any place under the

jurisdiction or control of another State, shall make the fullest efforts to

ensure that these chemical weapons are removed from its territory not later

than one year after this Convention enters into force for it. If they are not

removed within one year, the State Party may request the Organization and

other States Parties to provide assistance in the destruction of these

chemical weapons.

12. Each State Party undertakes to cooperate with other States Parties that

request information or assistance on a bilateral basis or through the

Technical Secretariat regarding methods and technologies for the safe and

efficient destruction of chemical weapons.

13. In carrying out verification activities pursuant to this Article and Part

IV (A) of the Verification Annex, the Organization shall consider measures to

avoid unnecessary duplication of bilateral or multilateral agreements on

verification of chemical weapons storage and their destruction among States

Parties.

To this end, the Executive Council shall decide to limit 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 IV (A) of the Verification

Annex;

(b) Implementation of such an agreement provides for sufficient assurance of

compliance with the relevant provisions of this Convention; and

fully informed about their verification activities.

14. If the Executive Council takes a decision pursuant to paragraph 13, the

Organization shall have the right to monitor the implementation of the

bilateral or multilateral agreement.

15. Nothing in paragraphs 13 and 14 shall affect the obligation of a State

Party to provide declarations pursuant to Article III, this Article and Part

IV (A) of the Verification Annex.

16. Each State Party shall meet the costs of destruction of chemical weapons

it is obliged to destroy. It shall also meet the costs of verification of

storage and destruction of these chemical weapons unless the Executive Council

decides otherwise. If the Executive Council decides to limit verification

measures of the Organization pursuant to paragraph 13, 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.

17. The provisions of this Article and the relevant provisions of Part IV of

the Verification Annex shall not, at the discretion of a State Party, apply to

chemical weapons buried on its territory before 1 January 1977 and which

remain buried, or which had been dumped at sea before 1 January 1985.

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