Schedule 2 chemicals

Regime for Schedule 3 Chemicals and Facilities Related to such Chemicals... 

The following outstanding issues are currently being considered in the industry issues cluster low concentration limits for Schedule 2A and 2A chemicals captive use boundaries of production transfers of Schedule 3 chemicals to non-States Parties and development of proposals by States Parties for the selection of OCPF sites for inspection. 

The Australian regime for facilities conducting activities with Schedule 2 and Schedule 3 chemicals is simpler. Permits are required for such facilities if they exceed certain thresholds. As with Schedule 1 facilities, the permit to operate a Schedule 2 facility may be expressly conditional on ensuring that there is no transfer of a Schedule 2 chemical to a non-State Party the permit for a Schedule 3 facility may be expressly conditional on ensur[ing] that any limitations required by the Convention on the transfer of a Schedule 3 chemical to a non State Party are complied with . °... 

Declarations are required for the production, processing and consumption of Schedule 2 chemicals and for the facilities engaged in such activities in excess of certain thresholds. Declarations are also required with respect to the production of Schedule 3 chemicals and for facilities engaged in such production in excess of certain thresholds, as well as for OCPFs. ... 

The Schedule 2 and 3 transfer restrictions of the CWC are explicitly incorporated into the French CWC Act The import, export, sale of and trade in Schedule 2 chemicals brought from or sent to a state not party to the Convention are prohibited.The export of Schedule 3 chemicals to a state not Party to the CWC is subject to authorization, which will be refused if the receiving state fails to supply an end-use certificate and a certificate of non-re-export. In addition, as a catch-all, the sale and trade of Schedule 3 chemicals to states not Party to the CWC are subject to authorization. 

The Annex on Chemicals to the CWC lists the toxic chemicals and their precursors that are considered a risk to the Convention. This Annex divides the substances into three Schedules or lists. Schedule 1 chemicals pose the highest risk to the Convention many have been developed, produced, stockpiled or used as chemical weapons in the past and they have few if any peaceful uses. Schedule 2 chemicals pose a significant risk to the Convention either because they can be used themselves as chemical weapons or as a consequence of their role as precursors to Schedule 1 or 2 chemicals. Schedule 2 chemicals are also not produced commercially on a large scale. Schedule 3 chemicals are produced in large quantities commercially but pose a risk to the Convention because of their role as precursors to either Schedule 1 or Schedule 2 chemicals. 

Second, in relation to Schedule 3 chemicals, states parties had to decide five years after the CWC s entry into force on how to treat trade in these chemicals with non-states parties. In the end, they did not agree on any measures that would have curtailed their industry s interests or hindered S T advances. The 6th Session of the CSP merely decided to impose a requirement for end-use declarations by states not party to the CWC if the transferred chemical mixture contains 30 per cent or more of a Schedule 3 chemical.77... 

See Decision. Provisions on Transfers of Schedule 3 Chemicals to States Not Party to the Convention, OPCW Document C-VI/DEC.10, The Hague, 17 May 2001. 

Schedule 3 chemicals are either potential CW agents themselves, or can be utilized as precursors for Schedule 1 and 2 compounds. Significantly, Schedule 3 precursors also have widespread uses in legitimate industry. Therefore, as long as they are produced for purposes not prohibited under this Convention, Schedule 3 precursors may be produced in large commercial quantities. Schedule 3 toxic agents include ... 

Production, import and export data as well as the manufacturing sites must be declared for plants producing Schedule 3 chemicals in excess of 30 tons per year. State Parties must declare the national, aggregate amounts of each Schedule 3 chemical produced, imported, and exported, as well as quantitative data on the imports and exports for each country involved. If the production of a given plant exceeds 200 tons annually, CWC may conduct routine verification inspections of declared plant sites. Routine inspections will begin in the first year after entry into force of the Convention. 

As a Schedule 3 chemical in the CWC listing of prohibited use or stockpiling for war, phosgene may be produced in large commercial quantities for purposes not prohibited under [the CWC]. http //www.opcw.nl. 

Each State Party shall subject chemicals fisted in Scfiedule 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. 

REGIME FOR SCHEDULE 3 CHEMICALS AND FACILITIES RELATED TO SUCH CHEMICALS... 

The initial and annual deelarations to be provided by a State Party pursuant to Article VI, paragraphs 7 and 8, 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. 

Declarations of plant sites producing Schedule 3 chemicals... 

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. 

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 ease 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). 

Declarations of a plant site pursuant to paragraph 3 shall also include the following information on each Schedule 3 chemical above the declaration threshold ... 

Declarations on past production of Schedule 3 chemicals for chemical weapons purposes... 

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 3 chemical for chemical weapons purposes. 

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. 

Decides that the term production as used in subparagraph 12(a) of Article II should be understood to include a scheduled chemical (i.e. a Schedule 1, Schedule 2 or Schedule 3 chemical) produced by a biochemical or biologically mediated reaction. 

It was further agreed that it may also be useful if States Parties, on a voluntary basis, would inform the Technical Secretariat of cases when plants or plant sites which have been declared to imdertake activities in relation to Schedule 2 or Schedule 3 chemicals cease to do so. 

Further noting that plant site declarations for Schedule 3 chemicals are made in ranges as prescribed by the Convention ... 

Mixed plants are plants which are individually covered under more than one Part of the Verification Annex related to Article VI. The term covers, for example, a multipurpose plant that manufactures, in the same process line but at different points in time or parallel in several process lines. Schedule 2 and Schedule 3 chemicals (and/or DOCs). However, the term does not relate either to a case where a plant produces a Schedule 3 chemical in a multiple-step reaction involving the production of a DOC in the initial steps, or to a case when, during the production of a Schedule 3 chemical, a low concentration of a Schedule 2 chemical is simultaneously produced (this would be classified as either a Schedule 3 or a Schedule 2 plant depending on the applicable rules for low concentrations). 

The issue of whether States Parties should be required to inform the Secretariat when Schedule 2 and 3 plant sites stop activities related to Schedule 2 and 3 chemicals was raised at the First Review Corrference. From the point of view of the Secretariat, timely information on plant-site activity, which can affect whether a particular facftity is inspectable or not, greatly facilitates inspection plarrrrirrg. The First Session of the Corrference urged States Parties to inform the Secretariat, on a voluntary basis, of cases when plants or plant sites that have been declared as undertaking activities in relation to Schedule 2 or Schedule 3 chemicals cease to do so (C-IDEC.38, dated 16 May 1997). This recommendation was reiterated by the First Review Conference, which also requested the Cotmcil to consider whether to rrrake such submissions from States Parties a formal... 

In most cases, the plants producing Schedule 3 chemicals are dedicated and are usually in continuous operation. The majority of them produce large volumes of chemicals. For example, the aimual production for phosgene plants normally ranges from 10,000 to 100,000 toimes ear, and... 

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