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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 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

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

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.

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