1. Each State Party
has the right, subject to the provisions of this Convention, to
develop, produce, otherwise acquire, retain, transfer and use toxic
chemicals and their precursors for purposes not prohibited under this
Convention.
2. Each State Party shall adopt the necessary
measures to ensure that toxic chemicals and their precursors are only
developed, produced, otherwise acquired, retained, transferred, or used
within its territory or in any other place under its jurisdiction or
control for purposes not prohibited under this Convention. To this end,
and in order to verify that activities are in accordance with
obligations under this Convention, each State Party shall subject toxic
chemicals and their precursors listed in Schedules 1, 2 and 3 of the Annex on Chemicals, facilities related to such chemicals, and other facilities as specified in the Verification Annex,
that are located on its territory or in any other place under its
jurisdiction or control, to verification measures as provided in the
Verification Annex.
3. Each State Party shall subject chemicals listed
in Schedule 1 (hereinafter referred to as "Schedule 1 chemicals") to the
prohibitions on production, acquisition, retention, transfer and use as
specified in Part VI
of the Verification Annex. It shall subject Schedule 1 chemicals and
facilities specified in Part VI of the Verification Annex to systematic
verification through on-site inspection and monitoring with on-site
instruments in accordance with that Part of the Verification Annex.
4. Each State Party shall subject chemicals listed
in Schedule 2 (hereinafter referred to as "Schedule 2 chemicals") and
facilities specified in Part VII of the Verification Annex to data monitoring and on-site verification in accordance with that Part of the Verification Annex.
5. Each State Party shall subject chemicals listed
in Schedule 3 (hereinafter referred to as "Schedule 3 chemicals") and
facilities specified in Part VIII of the Verification Annex to data monitoring and on-site verification in accordance with that Part of the Verification Annex.
6. Each State Party shall subject facilities specified in Part IX
of the Verification Annex to data monitoring and eventual on-site
verification in accordance with that Part of the Verification Annex
unless decided otherwise by the Conference of the States Parties
pursuant to Part IX, paragraph 22, of the Verification Annex.
7. Not later than 30 days after this Convention
enters into force for it, each State Party shall make an initial
declaration on relevant chemicals and facilities in accordance with the
Verification Annex.
8. Each State Party shall make annual declarations
regarding the relevant chemicals and facilities in accordance with the
Verification Annex.
9. For the purpose of on-site verification, each
State Party shall grant to the inspectors access to facilities as
required in the Verification Annex.
10. In conducting verification activities, the
Technical Secretariat shall avoid undue intrusion into the State Party's
chemical activities for purposes not prohibited under this Convention
and, in particular, abide by the provisions set forth in the Annex on
the Protection of Confidential Information (hereinafter referred to as "Confidentiality Annex").
11. The provisions of this Article shall be
implemented in a manner which avoids hampering the economic or
technological development of States Parties, and international
cooperation in the field of chemical activities for purposes not
prohibited under this Convention including the international exchange of
scientific and technical information and chemicals and equipment for
the production, processing or use of chemicals for purposes not
prohibited under this Convention.