Schedule 3 chemicals verification

The total number of declared sites (5947) which are to be regularly or randomly inspected shows the high burden of expected verification activities. At this stage of implementation, the verification activities have been obviously concentrated on storage and destruction, and in industry on facilities producing scheduled chemicals. The number of inspections totalled 1936 at 784 sites in 67 countries till December 10, 2004. 

The general rules for verification (Verification Annex, Part II, paragraphs 52-54) describe sample taking (sampling, sample collection) and analysis. By way of example, sampling and analysis shall be undertaken to check for the absence of undeclared scheduled chemicals during inspections under... 

It must be stated however, that the CWC would also allow for a different interpretation of the purpose of S A at a CWDF. Paragraph 66 (c) of part IV (A) states that the specific type and quantity of chemical weapons being destroyed should be part of systematic on-site verification measures. This would also allow analyzing for any undeclared scheduled chemicals being destroyed in addition to the declared chemical. 

Derivatization of analytes may be necessary in order to make them amenable to GC/MS analysis. In most cases of verification analysis, derivatization involves the conversion of polar, nonvolatile degradation products of scheduled chemicals into more... 

This provision enumerates two obligations (1) that each State Party must take the measures necessary to ensure that activities relating to toxic chemicals and their precursors are conducted only for purposes not prohibited under the CWC and (2) that, as part of fulfilling this obhgation and to verify that activities are in accordance with obhgations under th[e] Convention , Scheduled chemicals, related facilities and OCPFs shall be subject to verification. 

The CWC furthermore requires States Parties to take measures to ensure that activities relating to toxic chemicals are conducted only for purposes not prohibited under the CWC. In part, this obhgation is met by the regulation of Scheduled chemicals and related facilities and of OCPFs. With regard to other toxic chemicals, however, a State Party may find that this provision requires it to enact provisions indicating the purposes for which activities involving toxic chemicals are permitted and/ or regulating toxic chemicals outside of those covered by the verification mechanisms of the CWC. 

The Scheduled Chemicals are primarily chemicals which have been used at some time or have been considered for use at some time as chemical weapons. Particular attention is given in the CWC to the verification of such chemicals. However, the designation of some chemicals in the Schedules is merely an aid to the verification of the Convention. It has to be underlined that the prohibitions in the Convention apply to all toxic chemicals as defined in Article II of the Convention and that each State Party is required to adopt the necessary measures to ensure that toxic chemicals and their precursors are only developed, produced, otherwise acquired, retained, transferred, or used... forpurposes not prohibited under this Convention. Consequently the prohibitions are all embracing and the national measures to ensure that toxic chemicals are only used for purposes not prohibited under the Convention are equally all embracing. Chemical weapons are truly totally prohibited. 

Chemical Weapons Convention Verification Handbook on Scheduled Chemicals (1993), University of Saskatdiewan and Researdi Unit of External Affairs and International Trade, Canada. 

Although scheduled chemicals are not generally handled in OCPFs, many of these facilities have the capability to produce and handle highly toxic chemicals. The convertibility of their processing equipment, coupled with their production, were used to define selection algorithms and to assess the effectiveness of the on-site verification process. 

Recalling the decision at its Fourth Session on guidelines for provisions regarding scheduled chemicals in low concentrations, including in mixtures, in accordance with paragraphs 5 of Parts Vll and VIII of the Verification Aimex (C-IV/DEC. 16, dated 1 July 1999) ... 

International inspections shall only be carried out in facilities that produced, processed or consumed scheduled chemicals or discrete organic chemicals in the past and facilities in which the production, processing or consumption of scheduled chemicals is anticipated unless the international inspection qualifies as a challenge inspection or an investigation in a case of alleged use of chemical weapons, or as part of the verification activities related to chemical weapons production facilities and their destruction under the Convention. 

The Second Review Conference noted that the Annex on Chemicals of the Convention clearly sets out the different levels of risk posed by scheduled chemicals to the Convention s object and purpose and the Verification Annex sets out distinctive verification regimes for different types of facilities. In this context, the Second Review Conference recalled that the selection of a particular facility or plant site for inspection shall take into account, besides the risk posed by the relevant chemical, inter alia, the characteristics of the facility and the nature of the activities carried out there. In this regard, the Second Review Conference further noted that ... 

For the purpose of implementing the CWC, toxic chemicals and precursors, which have been identified for the application of verification measures, are listed in Schedules contained in the Annex on Chemicals (for the Schedules, see Chapter 2). Schedule 1 includes chemicals developed, produced, stockpiled, or used as a chemical weapon as defined above, and chemicals structurally close to them. Schedule 2 lists three toxic chemicals not included in Schedule 1 and the degradation products and precursors of these toxic chemicals as well as of those of Schedule 1. Schedule 3 lists four toxic chemicals and precursors not listed in the other Schedules. The Schedules contain mainly organic chemicals with different chemical and physical properties, being neutral chemicals, acids, bases, volatiles, and nonvolatiles, where phosphorus, fluorine, sulfur, chlorine, nitrogen, and oxygen occur frequently. Riot control agents are not included in the Schedules. 

The three Schedules contain altogether 57 list items from which 42 are individual chemicals and 15 are families of chemicals with a common structural backbone. Such families in the Schedules make the number of chemicals that are subject to verification very large. An idea of the number of chemicals in the Schedules may be obtained when considering, for example, the family of VX (Schedule 1.A.3), including its salts (Figure 2). 

The definitions and criteria that determine whether a chemical falls within the scope of the CWC or not, leaves a large number of chemicals in the gray area. One example of a group of chemicals that are excluded from the OCAD on the basis of purposes not prohibited under this Convention , is given by the Riot Control Agents . There are other examples, which need to be addressed in the future to determine how they can be regulated by the CWC as these have been seen to be very useful in the verification activities of the OPCW. Efforts are underway to find a way for the inclusion in the OCAD, of chemicals that are relevant to the CWC but are not covered by the schedule list (Scientific Advisory Board (SAB) and Validation Group (VG)). 

Almost all Schedule 1 chemicals are soluble in the organic NMR solvents used in verification (see Section 3.1) and can be analyzed by NMR spectroscopy. Saxitoxin (1.A.7) and ricin (1.A.8) differ from the others. Both are derived from natural sources - the former is a paralytic shellfish poison and the latter, a glycoprotein toxin (40). Analytical methods (ROPs) have not been established for either chemical. NMR data... 

The Schedules list chemicals that have been identified for the application of verification measures. They are contained in the Annex on Chemicals. They are not a substitute for the definition in Article II, as is made clear in the identical wordings in parentheses in paragraphs 2 and 3. 

For example, Pakistan stated that [ijncrease in emphasis on verification and inspection of facilities producing relatively harmless discrete organic chemicals (DOCs) should not be at the expense of higher risk Schedule 1, 2 and 3 chemicals listed in the Annex to the CWC. See Statement to the First Special Session of the Conference of... 

Perhaps most notable in this respect was the key role taken by Canada, while an observer in the Executive Council in 1997-1998, in the consideration of transfers of small quantities of Saxitoxin (a Schedule 1 chemical used in many countries for medical and diagnostic purposes). The first use of the simplified amendment procedure for administrative or technical purposes (Article XV, paras 4 and 5) resulted in a new provision for transfers of very small quantities of Saxitoxin (para. 5bis in Part VI of the Verification Annex). 

The broad restrictions of Article I with respect to toxic chemicals are elaborated in the Convention, particularly with respect to the chemicals listed on the attached Schedules and related facilities and the other chemical production facilities (OCPFs) described in Part IX of the Verification Annex to the CWC. The basic implementation obfigation in this regard is set out in Article VI, paragraph 2, of the Convention, which states that each State Party must... 

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