Conference of the State Parties

The presence of the only one and removable hard disk was requested by decision of Conference of the State Parties on its first session (3). In Attachment 6 of the decision 71 concerning specific operational requirements for GC/MS system, it says that all data in nonvolatile memory must be retainable at the inspected site under joint custody of the Technical Secretariat (TS) and the inspected State Party. The hard disk with all raw data may be considered as containing highly protected information and requested to be left on site of inspection. 

There are two main decisions of the Conference of States Parties (CSP), which regulate the work of the OCAD. These are the Proposed Mechanism for Updating the OPCW CAD (EC-IV/DEC.2) dated September 5, 1997, and adopted by the second Conference of the States Parties (C-II/8 paragraph 11.2 (c)) (2), and the Authentication and certification procedure for the OPCW CAD and on-site databases (C-VI/DEC.4, dated May 17, 2001) (3). 

The First Review Conference, however, went beyond this. It clearly recognized and highlighted the deficiencies that many States Parties had allowed to persist in their national implementation measures, and gave the Conference of the States Parties the task of developing and implementing an Action Plan to remedy the situation. The Conference subsequently adopted such an Action Plan. ... 

Report of the First Special Session of the Conference of the States Parties [of the Chemical Weapons Convention] to Review the Operation of the Chemical Weapons Convention (First Review Conference), document RC-1/5,9 May 2003, para. 7.16. 

Conference of the States Parties, Eighth Session, decision Plan of Action Regarding the Implementation of Article VII Obhgations , document C-8/DEC.16, dated 24 October 2003. 

That the United States tends to think along these fines can be ascertained from the fact that, during the CWC negotiations at the Conference on Disarmament in Geneva, it strongly opposed the possibility that the Execntive Council or the Conference of the States Parties conld determine whether there had been a violation after the snbmission of the final report of the inspection team by the Director-General of the Technical Secretariat. As a resnlt, the CWC provides only that the Execntive Council shall review the final report and address any concerns as to whether any non-compliance has occnrred (Article IX, para. 22). 

Report of the First Special Session of the Conference of the States Parties to Review the Operation of the Chemical Weapons Convention [First Review Conference] 28 April 9 May 2003, OPCW Doc. RC-1/5, 9 May 2003, p. 22, para. 7.88. For the Review Conference itself, see Alexander Kelle, The CWC after Its First Review Conference Is the Glass Half Full or Half Empty , Disarmament Diplomacy, No. 71 (June/July 2003), pp. 31-40 Kerry Boyd, CWC Members Meet to Review Progress, Goals , Arms Control Today 33 4 (May 2003), p. 38. 

The provisions of the CWC itself, as with other aspects of the OPCW s work and mandate, provide the framework within which any elaboration of its universality must proceed. Although the word universality does not appear explicitly in the text, the first, sixth and final preambles to the CWC nevertheless make reference to progress towards general and complete disarmament under strict and effective international control , to exclude completely the possibihty of the use of chemical weapons , and the complete and effective prohibition of. .. chemical weapons . Clearly, none of these aims can be fuUy realized without adherence by all states and fulfilment of the requirements to implement the CWC in and across all jurisdictions. This has been consistently recognized in decisions of successive sessions of the Conference of the States Parties to the CWC and through the development of a plan of action, which is inspired by the objective of achieving universal adherence to the Convention ten years after its entry into force (i.e. by 2007). 

In support of the document of planned activities, the Technical Secretariat is also requested to provide information containing up-to-date details regarding the status of States not Party vis-a-vis the Convention, their prospects for adherence, their participation in universality-related activities, any significant chemical industry and any other issues relevant to the provisions of the Convention. The Director-General will also submit to the Conference of the States Parties an annual report on the implementation of the Action Plan, and he keeps the Council regularly informed, so that the Conference and the Council may review progress and monitor its implementation effectively. ... 

Opening Statement by the Director-General to the Conference of the States Parties at Its Ninth Session, C-9/DG.8 (29 November 2004). 

Article II (The Organization) establishes the Comprehensive Nuclear-Test-Ban Treaty Organization to ensure the Treaty s implementation and provide a forum for consultation and cooperation. With its seat in Vienna, it will comprise three organs. The Conference of the State Parties will oversee the Treaty s implementation and the... 

United Nations, Third Review Conference of the States Parties to the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, Geneva, 9-27 September 1991, BWC/CONF.III/23, Geneva 1991 (available at http //www. opbw.org). 

Organization for the Prohibition of Chemical Weapons, Note by the Director-General Report of the Scientific Advisory Board on Developments in Science and Technology, Conference of the States Parties, First Review Conference 28 April - 9 May 2003, RC-1/DG.2, 23 April 2003 (available at http //www.opcw.org). 

Although it is true that the CWC is, in a sense, under continuous review through the annual Conferences of the States Parties and the regular Executive Council meetings, it was argued that it would be irresponsible if the States Parties at the forthcoming Review Conference in April 2003 -given the mandate of the Review Conference... 

Implementation of the CWC on the international level started in May 1997 with the first session of the Conference of the States Parties (CSP) of the newly set up Organization for the Prohibition of Chemical Weapons (OPCW). Over the course of the first six years of CWC implementation a number of scientific and technological issues related to implementation had to be addressed by both OPCW and states parties to the Convention. When the First CWC Review Conference convened in April 2003, its mandate as contained in CWC Article VIII, paragraph 22 tasked it to take into account any relevant scientific and technological developments. ... 

The requirements for effective verification were spelt out for example by Ambassador Mahley during the 1994 Special Conference of the States Parties to the BWC. See Statement of US Representative Donald A. Mahley to the Committee of the Whole, September 22, 1994, document BWC/SPCONF/ WP.16, last accessed 10 March 2004 at www.opbw.org. 

The treaty requires that chemical attacks should be investigated, and that the victims of such attacks should be assisted (including states parties that feel threatened by activities prohibited under the treaty). It obligates all states parties to proffer assistance, establishes a voluntary fund for this purpose, and indicates procedures for the rapid provision of detection systems, protective equipment, medical antidotes, advice and other assistance. Should the Technical Secretariat uncover evidence of non-compliance, the Executive Council must first consult with the states concerned, and, if necessary, set deadlines for corrective action to be taken. Should these measures prove insufficient, the Executive Council may refer the matter to the Conference of the States Parties, which may decide to recommend a collective response. In cases of particular gravity , the Conference is required to bring the issue before the UN General Assembly and the UN Security Council. 

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. 

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. 

There are hereby established as the organs of the Organization the Conference of the States Parties, the Executive Council, and the Technical Secretariat. 

A member of the Organization which is in arrears in the payment of its financial contribution to the Organization shall have no vote in the Organization if the amount of its arrears equals or exceeds the amount of the contribution due from it for the preceding two full years. The Conference of the States Parties may, nevertheless, permit such a member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the member. 

The Conference of the States Parties (hereinafter referred to as the Conference ) shall be composed of all members of this Organization. Each member shall have one representative in the Conference, who may be accompanied by alternates and advisers. 

Noting that the issue was referred to the Committee of the Whole by the Conference of the States Parties (hereinafter the Conference ) at its First Session (C-I/2, dated 12 May 1997) ... 

Contained in C-8/DG.2, dated 10 April 2003. The Note of the Director-General was noted by the Conference of the States Parties on 24 October 2013 (C-8/7, paragraph 9.3). 

Recalling the decision of the Conference of the States Parties on the proeedure for addressing unresolved issues during the third intersessional period (C-III/DEC. 11, dated 20 November 1998) ... 

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