Schedule IV: Schedule IV

Schedule IV [See section 2(m)] (Portions of the Verification Annex) REGIME FOR SCHEDULE 1 CHEMICALS AND FACILITIES RELATED TO SUCH CHEMICALS A. General Provisions 1. A State Party shall not produce, acquire, retain or use Schedule 1 chemicals outside the territories of States Parties and shall not transfer such chemicals outside its territory except to another State Party. 2. A State Party shall not produce, acquire, retain, transfer or use Schedule 1 chemicals unless: (a) The chemicals are applied to research, medical, pharmaceutical or protective purposes; (b) The types and quantities of chemicals are strictly limited to those which can be justified for such purposes;. (c) The aggregate amount of such chemicals at any given time for such purposes is equal to or less than 1 tonne; and (d) The aggregate amount for such purposes acquired by a State Party in any year through production, withdrawal from chemical weapons stocks and transfer is equal to or less than 1 tonne. B. Transfers 3. A State Party may transfer Schedule 1 chemicals, outside its territory only to another State Party and only for reasearch, medical, pharmaceutical or protective purposes in accordance with paragraph 2. 4. Chemicals transferred shall not be retransferred to a third state. 5. Not less than 30 days before any transfer to another State Party both States Parties shall notify the Technical Secretariat of the transfer. 6. Each State Party shall make a detailed annual declaration, regarding transfers during the previous year. The declaration shall be submitted not later than 90 days after the end of that year and shall for each Schedule 1 chemical that has been transferred include the following information:- (a) The chemical name, structural formula and Chemical Abstracts Service registry number, if assigned; (b) The quantity acquired from other States or transferred to other States Parties. For each transfer the quantity, recipient and purpose shall be included. C. Production: General principles for production: 7. Each State Party, during production under paragraphs 8 to 12, shall assign the highest priority to ensuring the safety of people and to protecting the environment. Each State Party shall conduct such production in accordance with its national standards for safety and emissions. Single small-scale facility: 8. Each State Party that produces Schedule 1 chemicals for research, medical, pharmaceutical or protective purposes shall carry out the production at a single small-scale facility approved by the State Party, except as set forth in paragraphs 10,11 and 12. 9. The production at a single small-scale facility shall be carried out in reaction vessels in production lines not configurated for continuous operation. The volume of such a reaction vessel shall not exceed 100 litres, arid the total volume of all reaction vessels with a volume exceeding 5 litres shall not be more than 500 litres. Other facilities: 10. Production of Schedule 1 chemicals in aggregate quantities not exceeding 10 kg per year may be carried out for protective purposes at one facility outside a single small-scale facility. This facility shall be approved by the State Party. 11. Production of Schedule 1 chemicals in quantities of more than 100 g per year may be carried out for research, medical or pharmaceutical purposes outside a single small-scale facility in aggregate quantities not exceeding 10 kg per year per facility. These facilities shall be approved by the State Party. 12. Synthesis of Schedule 1 chemicals for research, medical or pharmaceutical purposes, but not for protective purposes, may be carried out at laboratories in aggregate quantities less than 100 g per year per facility. These facilities shall not be subject to any obligation relating to declaration as specified in Sections D. D. Declarations Single small-scale facility: 13. Each State Party that plans to operate a single small-scale facility shall provide the Technical Secretariat with the precise location and a detailed technical description of the facility including an inventory of equipment and detailed diagrams. For existing facilities, this initial declaration shall be provided not later than 30 days after this Convention enters into force for the State Party. Initial declarations on new facilities shall be provided not less than 180 days before operations are to begin. 14. Each State Party shall give advance notification to the Technical Secretariat of planned changes related to the initial declaration. The notification shall be submitted not less than 180 days before the changes are to take place. 15. A State Party producing Schedule 1 chemicals at a single small-scale facility shall make a detailed annual declaration regarding the activities of the facility for the previous year. The declaration shall be submitted not later than 90 days after the end of that year and shall include:- (a) Identification of the facility; (b) For each Schedule 1 chemical produced, acquired, consumed or stored at the facility, the following information:- (i) The chemical name, structural formula and Chemical Abstracts Service registry number, if assigned; (ii) The methods employed and quantity produced; (iii) The name and quantity of precursors listed in Schedules 1,2 or 3 used for production of Schedule 1 chemicals; (iv) The quantity consumed at the facility and the purpose(s) of the consumption; (v) The quantity received from or shipped to other facilities in the State Party for each shipment the quantity, recipient and purpose should be included; (vi) The maximum quantity stored at any time during the year; and (vii) The quantity stored at the end of the year; and (c) Information on any changes at the facility du ring the year compared to previously submitted detailed technical descriptions of the facility including inventories of equipment and detailed diagrams. 16. Each State Party producing Schedule 1 chemicals at a single small -scale facility shall make a deta iled annual declaration regarding the projected activities and the anticipated production at the facility for the coming year. The declaration shall be submitted not less than 90 days before the beginning of that year and shall include. (a) Identification of the facility; (b) For each Schedule 1 chemical anticipated to be produced, consumed or stored at the facility, the following information: (i) The chemical name, structural formula and Chemical Abstracts Service registry number, if assigned; (ii) The qua ntity anticipated to be produced and the purpose of the production; and (c) Information on any anticipated changes at the facility during the year compared to previously submitted detailed technical des criptions of the facility including inventories of equ ipment and detailed diagrams. Other facilities referred to in paragraphs 10 and 11: 17. For each facility, a State Party shall provide the technical Secretariat with the name, location and a detailed technical description of the facility or its relevant part(s) as requested by the Technical secretariat. The facility producing Schedule 1 chemicals for protective purposes shall be specifically identified. For existing facilities, this initial declaration shall be provided not later than 30 days after this Convention enters into force for the State Party. Initial declarations on new facilities shall be provided not less than 180 days before operations are to begin. 18. Each State Party shall give advance notification to the Technical Secretariat of planned changes related to the initial declaration. The notification shall be submitted not less than 180 days before the changes are to take place. 19. Each State Party shall, for each facility, make a detailed annual declaration regarding the activities of the facility for the previous year. The declaration shall be submitted not later than 90 days after the end of that year and shall include: (a) Identification of the facility; (b) For each Schedule 1 chemical the following information: (i) The chemical name, structural formula and Chemical Abstracts Service registry number, if assigned; (ii) The quantity produced and, in case of production for protective purposes, methods employed; (iii) The name and quantity of precursors listed in Schedules 1, 2, or 3, used for production of Schedule 1 chemicals; (iv) The quantity consumed at the facility and the purpose of the consumption; (v) The quantity transferred to other facilities within the State Party. For each transfer the quantity, recipient and purpose should be included; (vi) The maximum quantity stored at any time during the year; and (vii) The quantity stored at the end of the year; and (c) Information on any changes at the facility or its relevant parts during the-year compared to previously submitted detailed technical description of the facility. 20. Each State Party shall, for each facility, make a detailed annual declaration regarding the projected activities and the anticipated production at the facility for the coming year. The declaration shall be submitted not less than 90 days before the beginning of that year and shall include: (a) Identification of the facility; (b) For each Schedule 1 chemical the following information: (i) The chemical name, structural formula and Chemical Abstracts Service registry number, if assigned; (ii) The quantity anticipated to be produced, the time periods when the production is anticipated to take place and the purposes of the production; and (c) Information on any anticipated changes at the facility or its relevant parts, during the year compared to previously submitted detailed technical descriptions of the facility. REGIME FOR SCHEDULE 2 CHEMICALS AND FACILITIES RELATED TO SUCH CHEMICALS A. Declarations Declarations of aggregate national data: 1. The initial and annual declarations to be provided by each State Party pursuant to article VI, paragraphs 7 and 8, shall include aggregate national data for the previous calendar year on the quantities produced, processed, consumed, imported and exported of each Schedule 2 chemical, as well as a quantitative specification of import and export for each country involved. 2. Each State Party shall submit: (a) Initial declarations pursuant to paragraph 1 not later than 30 days after this Convention enters into force for it; and, starting in the following calendar year, (b) Annual declarations not later than 90 days after the end of the previous calendar year. Declarations of plant sites producing, processing or consuming Schedule 2 chemicals: 3. Initial and annual declarations are required for all plant sites that comprise one or more plant(s) which produced, processed or consumed during any of the previous three calendar years or is anticipated to produce, process or consume in the next calendar year more than: (a) 1 kg of a chemical designated “*” in Schedule 2, part A; (b) 100 kg of any other chemical listed in Schedule 2, party A; or (c) 1 tonne of a chemical listed in Schedule 2, part B. 4. Each State Party shall submit:- (a) Initial declarations pursuant to paragraph 3 not later than 30 days after this Convention enters into force for it; and, starting in the following calendar year; (b) Annual declarations on past activities not later than 90 days after the end of the previous calendar year; and (c) Annual declarations on anticipated activities not later than 60 days before the beginning of the following calendar year. Any such activity additionally planned after the annual declaration has been submitted shall be declared not later than five days before this activity begins. 5. Declarations pursuant to paragraph 3 are generally not required for mixtures containing a low concentration of a Schedule 2 chemical. They are only required, in accordance with guidelines, in cases where the case of recovery from the mixture of the Schedule 2 chemical and its total weight are deemed to pose a risk to the object and purpose of this Convention. These guidelines shall be considered and approved by the Conference of the States Parties pursuant to Article VIII, paragraph 21(i). 6. Declarations of a plant site pursuant to paragraph 3 shall include:- (a) The name of the plant site and the name of the owner, company, or enterprise operating it; (b) Its precise location including the address; and (c) The number of plants within the plant site which are declared. 7. Declarations of a plant site pursuant to paragraph 3 shall also include, for each plant which is located within the plant site and which falls under the specifications set forth in paragraph 3, the following information:- (a) The name of the plant and the name of the owner, company, or enterprise operating it' (b) Its precise location within the plant site including the specific building or structure number, if any; (c) Its main activities; (d) Whether the plant:- (i) Produces, processes, or consumes the declared Schedule 2 chemical(s); (ii) Is dedicated to such activities or multi-purpose; and (iii) Performs other activities with regard to the declared Schedule 2 chemical(s), including a specification of that other activity (e.g. storage); and (e) The production capacity of the plant for each declared Schedule 2 chemical. 8. Declarations of a plant site pursuant to paragraph 3 shall also include the following information on each Schedule 2 chemical above the declaration threshold:— (a) The chemical name, common or trade name used by the facility, structural formula, and Chemical Abstracts Service registry number, if assigned; (b) In the case of the initial declaration the total amount produced, processed, consumed, imported and exported by the plant site in each of the three previous calendar years; (c) In the case of the annual declaration on past activities the total amount produced, processed, consumed, imported and exported by the plant site in the previous calendar year; (d) In the case of the annual declaration on anticipated activities: the total amount anticipated to be produced, processed or consumed by the plant site in the following calendar year, including the anticipated time periods for production, processing or consumption; and (e) The purposes for which the chemical was or will be produced, processed or consumed: (i) Processing and consumption on site with a specification of the product types; (ii) Sale or transfer within the territory or to any other place under the jurisdiction or control of the State Party, with a specification whether to other industry, trade or other destination and, if possible, of final product types; (iii) Direct export with a specification of the States involved; or (iv) Other including a specification of these other purposes. Declarations on past production of Schedule 2 chemicals for chemical weapons purposes; 9. Each State Party shall, not later than 30 days after this Convention enters into force for it, declare all plant sites comprising plants that produced at any time since 1 January 1946 a Schedule 2 chemical for chemical weapons purposes. 10. Declarations of a plant site pursuant to paragraph 9 shall include: (a) The name of the plant site and the name of the owner, company, or enterprise operating it;- (b) Its precise location including the address; (c) For each plant which is located within the plant site, and which falls under the specifications set forth in paragraph 9, the same information as required under paragraph 7, subparagraphs (a) to (e); and (d) For each Schedule 2 chemical produced for chemical weapons purposes: (i) The chemical name, common or trade name used by the plant site for chemical weapons production purposes, structural formula, and Chemical Abstracts Service registry number, if assigned; (ii) The dates when the chemical was produced and the quantity produced; and (iii) The location to which the chemical was delivered and the final product produced there, if known. Information to States Parties: 11. A list of plant sites declared under this Section together with the information provided under paragraphs 6, 7 (a), 7 (c) 7 (d) (i), 7 (d) (iii), 8 (a) and 10 shall be transmitted by the Technical Secretariat to States Parties upon request. C. Transfers to states not Party to this Convention 12. Schedule 2 chemicals shall only be transferred to or received from states Parties. This obligation shall take effect three years after entry into force of this Convention. 13. During this interim three-year period, each State Party shall require an end-use certificate, as specified below, for transfers of Schedule 2 chemicals to States not Party to this Convention. For such transfers, each State Party shall adopt the necessary measures to ensure that the transferred chemicals shall only be used for purposes not prohibited under this Convention. Inter alia, the State Party shall require from the recipient state a certificate stating, in relation to the transferred chemicals:- (a) That they will only be used for purposes not prohibited under this Convention; (b) That they will not be re-transferred; (c) Their types and quantities; (d) Their end-use(s); and (e) The name(s) and address(es) of the end-user(s). REGIME FOR SCHEDULE 3 CHEMICALS AND FACILITIES RELATED TO SUCH CHEMICALS A. Declarations Declarations of aggregate national data: 1. The initial and annual declarations to be provided by a State Party, shall include aggregate national data for the previous calendar year on the quantities produced, imported and exported of each Schedule 3 chemical, as well as a quantitative specification of import and export for each country involved. 2. Each State Party shall submit:- (a) Initial declarations pursuant to paragraph 1 not later than 30 days after this Convention enters into force for it; and, starting in the following calendar year; and (b) Annual declarations not later than 90 days after the end of the previous calendar year. Declarations of plant sites producing Schedule 3 chemicals: 3. Initial and annual declarations are required for all plant sites that comprise one or more plants which produced during the previous calendar year or are anticipated to produce in the next calendar year more than 30 tonnes of a Schedule 3 chemical. 4. Each State Party shall submit:- (a) Initial declarations pursuant to paragraph 3 not later than 30 days after this Convention enters into force for it; and, starting in the following calendar year; (b) Annual declarations on past activities not later than 90 days after the end of the previous calendar year; and (c) Annual declarations on anticipated activities not later than 60 days before the beginning of the following calendar year. Any such activity additionally planned after the annual declaration has been submitted shall be declared not later than five days before this activity begins. 5. Declarations pursuant to paragraph 3 are generally not required for mixtures containing a low concentration of a Schedule 3 chemical. They are only required, in accordance with guidelines, in such cases where the case of recovery from the mixture of the Schedule 3 chemical and its total weight are deemed to pose a risk to the object and purpose of this Convention. These guidelines shall be considered and approved by the Conference pursuant to article VIII. paragraph 21 (i). 6. Declarations of a plant site pursuant to paragraph 3 shall include:- (a) The name of the plant site and the name of the owner, company, or enterprise operating it; (b) Its precise location including the address; and (c) The number of plants within the plant site which are declared pursuant to this Annex. 7. Declarations of a plant site pursuant to paragraph 3 shall also include, for each plant which is located within the plant site and which falls under the specifications set forth in paragraph 3, the following information: (a) The name of the plant and the name of the owner, company, or enterprise operating it; (b) Its precise location within the plant site, including the specific building or structure number, if any; and (c) Its main activities 8. Declarations of a plant site pursuant to paragraph 3 shall also include the following information on each Schedule 3 chemical above the declaration threshold:- (a) The chemical name, common or trade name used by the facility, structural formula, and Chemical Abstracts Service registry number, if assigned; (b) The approximate amount of production of the chemical in the previous calendar year, or, in case of declarations on anticipated activities, anticipated for the next calendar year, expressed in the ranges: 30 to 200 tonnes, 200 to 1,000 tonnes, 1,000 to 10,000 tonnes, 10,000 to 100,000 tonnes, and above 100,000 tonnes; and (c) The purposes for which the chemical was or will be produced. Declarations on past production of Schedule 3 chemicals for chemical weapons purposes 9. Each State Party shall, not later than 30 days after this Convention enters into force for it, declare all plant sites comprising plants that produced at any time since 1st January 1946 a Schedule 3 chemical for chemical weapons purposes. 10. Declarations of a plant site pursuant to paragraph 9 shall include:- (a) The name of the plant site and the name of the owner, company, or enterprise operating it; (b) Its precise location including the address; (c) For each plant which is located within the plant site, and which falls under the specifications set forth in paragraph 9, the same information as required under paragraph 7, sub-paragraphs (a) to (c); and (d) For each Schedule 3 chemical produced for chemical weapons purposes:- (i) The chemical name, common or trade name used by the plant site for chemical weapons production purposes, structural formula, and Chemical Abstracts Service registry number, if assigned; (ii) The dates when the chemical was produced and the quantity produced; and (iii) The location to which the chemical was delivered and the final product produced there, if known. Information to States Parties 11. A list of plant sites declared under this Section together with the information provided under paragraphs 6, 7 (a), 7(c), 8 (a) and 10 shall be transmitted by the Technical Secretariat to States Parties upon request. C. Transfers to States not Party to this Convention 12. When transferring Schedule 3 chemicals to states not party to this Convention, each State Party shall adopt the necessary measures to ensure that the transferred chemicals shall only be used for purposes not prohibited under this Convention. Inter alia, the State Party shall require from the recipient state a certificate stating, in relation to the transferred chemicals:- (a) That they will only be used for purposes not prohibited under this Convention; (b) That they will not be re-transferred; (c) Their types and quantities; (d) Their end-use(s); and (e) The name(s) and address(es) of the end-user(s). 13. Five years after entry into force of this Convention, the Conference shall consider the need to establish other measures regarding transfers of Schedule 3 chemicals to states not Party to this Convention. REGIME FOR OTHER CHEMICAL PRODUCTION FACILITIES A. Declarations List of other chemical production facilities 1. The initial declaration to be provided by each State Party pursuant to Article VI, paragraph 7, shall include a list of all plant sites that: (a) produced by synthesis during the previous calendar year more than 200 tonnes of unscheduled discrete organic chemicals; or (b) comprise one or more plants which produced by synthesis during the previous calendar yar more than 30 tonnes of an unscheduled discrete organic chemical containing the elements phosphorus, sulfur or fluorine (hereinafter referred to as “PSF-plants” and “PSF-chemical”). 2. The list of other chemical production facilities to be submitted pursuant to paragraph 1 shall not include plant sites that exclusively produced explosives or hydrocarbons. 3. Each State Party shall submit its list of other chemical production facilities pursuant to paragraph 1 as part of its initial declaration not later than 30 days after this Convention enters into force for it. Each State Party shall, not later than 90 days after the beginning of each following calendar year, provide annually the information necessary to update the list. 4. The list of other chemical production facilities to be submitted pursuant to paragraph 1 shall include the following information on each plant site:- (a) The name of the plant site and the name of the owner, company, or enterprise operating it; (b) The precise location of the plant site including its address; (c) Its main activities; and (d) The approximate number of plants producing the chemicals specified in paragraph 1 in the plant site. 5. With regard to plant sites listed pursuant to paragraph 1 (a), the list shall also include information on the approximate aggregate amount of production of the unscheduled discrete organic chemicals in the previous calendar year expressed in the ranges: under 1,000 tonnes, 1,000 to 10,000 tonnes and above 10,000 tonnes. 6. With regard to plant sites listed pursuant to paragraph 1 (b), the list shall also specify the number of PSF-plants within the plant site and include information on the approximate aggregate amount of production of PSF-chemicals produced by each PSF-plant in the previous calendar year expressed in the ranges: under 200 tonnes, 200 to 1,000 tonnes, 1,000 to 10,000 tonnes and above 10,000 tonnes.

Effective date: 2000-01-01

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