Confidentiality Annex

The Chemical Weapons Convention (CWC) opened for signature in Paris, on January 13, 1993 and entered into force on April 29, 1997. Its complexity is reflected in almost 200 pages of text, containing Preamble and 24 Articles and three Annexes On Chemicals (6 p), On Implementation Verification (105 p), and On Protection of Confidential Information (5 p) [2], To the main pillars of the CWC belong ... 

The review regulation also requires that co-notifiers for the same active substance shall undertake all reasonable efforts to present a common notification, in whole or in part, in order to minimise animal testing for Annex 1 assessment. Unfortunately, this request for industrial collaboration must also be considered within the context that the specific provisions proposed to be developed by the Commission are not yet known and that the current status of data protection and confidentiality within the directive does not really encourage either investment or collaboration. 

Confidential annex to COS (55) 51st meeting, 29 June 1955, DEFE 7/963, TNA. 

The Convention on the prohibition of the development, production, stockpiling, and use of chemical weapons and of their destruction (the Chemical Weapons Convention, CWC) was signed on January 13, 1993, and entered into force on April 29, 1997. The CWC includes 24 Articles, the Annex on Chemicals, the Annex on Implementation and Verification (so-called Verification Annex), and the Confidentiality Annex. The Verification Annex, which by the length occupies the majority of the CWC, is written in 11 parts. Article I lists the general obligations of the CWC as shown in Figure 1. 

In conformity with the relevant provisions in the Confidentiality Annex the inspected State Party shall have the right to take measures to protect sensitive installations and prevent disclosure of confidential information and data not related to chemical weapons. Such measures may include, inter alia . .. 

Only chemicals that are considered relevant within the scenario of the proficiency test are to be reported to avoid irrelevant chemicals being reported, in real off-site sample analysis, confidential information on the facility under inspection is revealed (e.g. information on an industrial production process that is not relevant to the implementation of the CWC). This requirement is a consequence of Paragraph C.17 of the Confidentiality Annex of the CWC, l1. The reporting of irrelevant chemicals is penalized with immediate failure of the test see Section 6.1. 

The CWC describes the general responsibilities for sampling, sample transport to the off-site DLs, confidentiality of samples, sample analysis, and compilation of the report of analysis results of laboratories (1). The Verification Annex of the CWC, Part II, General Rules of Verification, paragraph E, Conduct of Inspections, and subparagraph Collection, handling and analysis of samples, and paragraphs 52-58 read as follows ... 

The CWC comprises a preamble, 24 articles and three annexes on chemicals, verification and confidentiality. It is remarkable for the comprehensiveness of its provisions. It covers the development, production, stockpiling and destruction of chemical weapons, defining a chemical weapon as any toxic chemical or its precursor that, through its chemical action, can cause death, injury, temporary incapacity or sensory irritation. Toxic chemicals are integral to modern industry and medicine on a... 

If the person responsible for placing the product on the market can demonstrate that the disclosure in the SDS of the chemical identity of a substance will put at risk the confidential nature of his intellectual property, he/she may, in accordance with the provisions of REACH Annex II footnote for Section 3.3, refer to that substance by means of a name that identifies the most important functional chemical groups, or by means of an alternative name. 

As with the CUD, there are provisions for reports from Member States (Article 18), and for protection of confidentiality (Article 19) and it is envisaged that the committee of Member States will carry forward the adaption of the Annexes to technical progress (Articles 20 and 21). 

There is also a Confidentiality Annex that details how scientific or trade secrets should be protected. However, even among those states that have signed and ratified the CWC, considerable concern remains over the protection of proprietary information, as well as the fear that some countries might abuse the inspection process by harassing one another. 

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 ). 

It shall treat such information and data exclusively in connection with its rights and obligations under this Convention and in accordance with the provisions set forth in the Confidentiality Annex. 

In addition to agreed guidelines, other relevant provisions of this Annex and the Confidentiality Annex, paragraphs 24 to 30 below shall apply. 

States Parties may take such measures as they deem necessary to protect confidentiality, provided that they fulfil their obligations to demonstrate compliance in accordance with the relevant Articles and the Verification Annex. When receiving an inspection, the State Party may indicate to the inspection team the equipment, documentation or areas that it considers sensitive and not related to the purpose of the inspection. 

Inspection teams shall strictly abide by the provisions set forth in the relevant Articles and Annexes governing the conduct of inspections. They shall fully respect the procedures designed to protect sensitive installations and to prevent the disclosure of confidential data. 

Recalling that the Preparatory Commission developed a Draft OPCW Policy on Confidentiality (OPOC) that includes the above mentioned issues as well as rules governing the composition and operating procedures of the Commission for the Settlement of Disputes Related to Confidentiality (hereinafter the Confidentiality Commission ) as required by paragraph 23 the Confidentiality Annex to the Chemical Weapons Convention (hereinafter the the Confidentiality Annex ), in a combined manner ... 

The revised version of the OPCW Policy on Confidentiality annexed hereto contains three sets of changes - those that were made in C-l/DEC.13/Corr.l, removing references to the draft OPOC submitted by the Preparatory Commission, those that were made in C-II/DEC.14 paragraph 3, amending Rule 1.4 of Part IX.2 of the Policy (Rules Governing the Confidentiality Commission) and those from C-10/DEC.9 which contained amendments to the OPCW Policy on Confidentiality [footnote in original]. 

Paragraph 6 of Article VII of the Convention establishes the obligation on each State Party to treat as confidential and afford special handling to information and data that it receives in confidence from the Organisation in connection with the implementation of this Convention. It shall treat such information and data exclusively in connection with its rights and obligations under this Convention and in accordance with the provisions set forth in the Confidentiality Annex. ... 

These basic requirements are elaborated in a number of other provisions of the Convention, especially in the Confidentiality Annex and in the provisions detailing verification procedures (e.g. paragraph 10 of Article VI paragraphs 56 and 62, Part II of the Verification Annex and paragraph 48, Part X of the Verification Armex). From this basis, the fundamental elements of the Organisation s Policy on Confidentiality are ... 

A basic principle on confidentiality, set down in subparagraph 2(c) of the Confidentiality Annex, is that no information obtained by the Organisation in coimection with the implementation of the Convention shall be published or otherwise released, except as specifically provided for. 

Specific procedural guidelines in subparagraph 2(a) of the Confidentiahty Annex provide that information shall be considered confidential if ... 

The Director-General is specifically tasked with primary responsibility for the protection of confidential information. The Director-General must establish the regime for handling confidential information within the Secretariat in accordance with the guidelines laid down in the Convention including the Confidentiality Annex and this Policy. 

For instance in accordance with paragraph 46 of Part X of the Verification Annex and with paragraph 14 of the Confidentiality Annex [footnote in original]. 

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