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.