RESOLUTION
ESTABLISHING THE PREPARATORY COMMISSION FOR THE ORGANIZATION FOR THE PROHIBITION
OF CHEMICAL WEAPONS
The States signatories of the Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on Their Destruction,
adopted by the Conference on Disarmament At Geneva on 3 September 1992,
Having decided to take all necessary measures to ensure the rapid
and effective establishment of the future Organization for the Prohibition
of Chemical Weapons. Having decided to this end to establish a
Preparatory Commission.
1. Approve the Text on the Establishment of a Preparatory Commission,
as annexed to the present resolution;
2. Request the Secretary-General, in accordance with paragraph
5 of resolution A/RES/47/39, adopted by the General Assembly on 30 November
1992, on the Convention on the Prohibition of the Development,Production,
Stockpiling and Use of Chemical Weapons and on Their Destruction, to provide
the services required to initiate the work of the Preparatory Commission
for the Organization for the Prohibition of Chemical Weapons.
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TEXT
ON THE ESTABLISHMENT OF PREPARATORY COMMISSION
1.
There is hereby established the Preparatory Commission for the Organization
for the Prohibition of Chemical Weapons (hereinafter referred to as "the
Commission") for the purpose of carrying out the necessary preparations
for the effective implementation of the Convention on the Prohibition
of the Development, Production, Stockpiling and Use of Chemical Weapons
and Conference of the States Parties to that Convention.
2.
The Secretary-General of the United Nations shall convene the Commission
for its first session at The Hague, Kingdom of the Netherlands, not later
than 30 days after the Convention has been signed by 50 States.
3.
The Seat of the Commission shall be The Hague, Kingdom of the Netherlands.
4.
The Commission shall be composed of all States which sign the Convention.
Each signatory State shall have one representative in the Commission,
who may be accompanied by alternates and advisers.
5.
The expenses of the Commission, including those of the provisional Technical
Secretariat, shall be met by the States signatories to the Convention,
participating in the Commission, i accordance with the United Nations
scale of assessment, adjusted to take into account differences between
the United Nations membership and the participation of States signatories
in the Commission and timing the signature. The Commission and the provisional
Technical Secretariat may also benefit from voluntary contributions.
6.
All decisions of the Commission should be taken by consensus. If, notwithstanding
the efforts of representatives to achieve consensus, an issue comes up
for voting, the Chairman of the Commission shall defer the vote for 24
hours, and during this period of deferment shall make every effort to
facilitate achievement of consensus, and shall report to the Commission
before the end of the period. If consensus is not possible at the end
of 24 hours the Commission shall take decision on questions of procedure
by a simple majority of the members present and voting. Decisions on matters
of substance shall be taken by two-thirds majority of the members present
and voting. When the issue arises as to whether the question is one of
substance or not, that question shall be treated as a matter of substance
unless otherwise decided by the Commission by the majority required for
decisions on matters of substances.
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7.
The Commission shall have such legal capacity as necessary for the exercise
of its functions and the fulfillment of its purposes.
8.
The Commission shall:
(a)
Elect its Chairman and other officers, adopt its rules of procedure,
meet as often as necessary and establish such committees as it deems
useful;
(b) Appoint its Executive Secretary;
(c) Establish a provisional Technical Secretariat to assist the Commission
in its activity and to exercise such functions as the Commission may
determine, and appoint the necessary staff in charge of preparatory
work concerning the main activities to be carried out by the Technical
Secretariat to be established by the Convention. Only nationals of signatory
States shall be appointed to the provisional Technical Secretariat;
(d) Establish administrative and financial regulations in respect of
its own expenditure and accounts.
9.
The Commission shall make arrangements for the first session of the Conference
of the States Parties, including the preparation of a draft agenda and
draft rules of procedure.
10.
The Commission shall undertake, inter alia, the following tasks
concerning the organization and work of the Technical Secretariat and
requiring immediate attention after entry into force of the Convention;
(a) Elaboration of a detailed staffing pattern of the Technical Secretariat,
including decision-making flow charts;
(b) Assessments of personnel requirements;
(c) Staff rules for recruitment and service conditions;
(d) Recruitment and training of technical personnel and support staff;
(e) Organization of office and administrative services;
(f) Preparation of administrative and financial regulations;
(g) Purchase and standardization of equipment.
11.
The Commission shall undertake, inter alia, the following tasks
on matters of the organization requiring immediate attention after the
entry into force of the Convention:
(a) Preparation of programme of work and budget of the first year of
activities of the Organization;
(b) Preparation of detailed budgetary provisions for the Organization
taking into account that the budget shall comprise two separate chapters,
one relating to administrative and other costs, and one relating to
verification costs:
(c) Preparation of the scale of financial contributions to the Organization;
(d) Preparation of administrative and financial regulations for the
Organization providing for inter alia:
(i) Proper financial control and accounting by the Organization;
(ii) Preparation and approval of periodic financial statements by
the Organization;
(iii)Independent audit of the Organization's financial statements;
(iv) Annual presentation of the audited financial statements to a
regular session of the Conference of the States Parties for formal
acceptance;
(e) Development of arrangements to facilitate the election of 20 members
for a term of one year for the first election of the Executive Council.
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12.
The Commission shall develop, inter alia, the following draft agreements,
provisions and guidelines for consideration and approval by the Conference
of the States Parties pursuant to Article VIII, paragraph 21 (i) of the
Convention:
(a) Guidelines on detailed procedures for verification and for the conduct
of inspections, in accordance with, inter alia, Part II, paragraph
42, of the Verification Annex;
(b) Lists of items to be stockpiled for emergency and humanitarian assistance
in accordance with Article VIII, paragraph 39 (b);
(c) Agreements between the Organization and the States Parties in accordance
with Article VIII, paragraph 50;
(d) Procedures for the provision of information by States Parties on
their programmes related to protective purposes, in accordance with
Article X, paragraph 4;
(e) A list of approved equipment, in accordance with Part II, paragraph
27, of the Verification Annex;
(f) Procedures for the inspection of equipment, in accordance with Part
II, paragraph 29, of the Verification Annex;
(g) Procedures concerning the implementation of safety requirements
for activities of inspectors and inspection assistants, in accordance
with Part II, paragraph 43, of the Verification Annex;
(h) Procedures of inclusion in the inspection manual concerning the
security, integrity and preservation of samples and for ensuring the
protection of the confidentiality of samples transferred for analysis
off-site, in accordance with Part II, paragraph 56, of the Verification
Annex;
(i) Models for facility agreements in accordance with Part III, paragraph
8, of the Verification Annex;
(j) Appropriate detailed procedures to implement Part III, paragraphs
11 and 12 of the Verification Annex, in accordance with paragraph 13
of that Part;
(k) Deadlines for submission of the information specified in Part IV
(A), paragraphs 30 to 32 of the Verification Annex, in accordance with
paragraph 34 of that Part;
(l) Recommendations for determining the frequency of systematic on-site
inspection of storage facilities, in accordance with Part IV (A), paragraph
44, of the Verification Annex;
(m) Recommendations for guidelines for transitional verification arrangements,
in accordance with Part IV (A), paragraph 51, of the Verification Annex;
(n) Guidelines to determine the usability of chemical weapons produced
between 1925 and 1946, in accordance with Part IV (B), paragraph 5,
of the Verification Annex;
(o) Guidelines for determining the frequency of systematic on-site inspections
of chemical weapons production facilities, in accordance with Part V,
paragraph 54, of the Verification
(p) Criteria for toxicity, corrosiveness and, if applicable, other technical
factors, in accordance with Part V, paragraph 71 (b), of the Verification
Annex;
(q) Guidelines to assess the risk to the object and purpose of the Convention
posed by the relevant chemicals, the characteristics of the facility
and the nature of the activities carried out there, in accordance with
Part VI, paragraph 23, of the Verification Annex;
(r) Models for facility agreements covering detailed inspection procedures,
in accordance with Part VI, paragraph 27, of the Verification Annex;
(s) Guidelines to assess the risk to the object and purpose of the Convention
posed by the quantities of chemicals produced, the characteristics of
the facility and the nature of the activities carried out there, in
accordance with Part VI, paragraph 30, of the Verification Annex;
(t) Guidelines for provisions regarding scheduled chemicals in low concentrations,
including in mixtures, in accordance with Part VII, paragraph 5, and
Part VIII, paragraph 5, of the Verification Annex;
(u) Guidelines for procedures on the release of classified information
by the Organization, in accordance with paragraph 2 (c) (iii) of the
Confidentiality Annex;
(v) A classification system for levels of sensitivity of confidential
data and documents, taking into account relevant work undertaken in
the preparation of the Convention, in accordance with paragraph 2 (d)
of the Confidentiality Annex;
(w) Recommendations for procedures to be followed in case of breaches
or alleged breaches of confidentiality, in accordance with paragraph
18 of the Confidentiality Annex.
13.
Pursuant to Article VIII, paragraph 50, of the Convention, the Commission
shall develop the Headquarters Agreement with the Host Country, based,
inter alia, on the privileges, immunities and practical arrangements
as specified in Annex 2 to this text.
14.
The Commission shall:
(a) Facilitate the exchange of information between signatory States
concerning legal and administrative measures for the implementation
of the Convention and, if requested, give advise to signatory States
on these matters;
(b) Prepare such studies, reports and records as it deems necessary.
15.
The Commission shall prepare a final report on all matters within its
mandate for the first session of the Conference of the States Parties
and the first meeting of the Executive Council.
16.
The property, functions and recommendations of the Commission shall be
transferred to the Organization at the first session of the Conference
of the States Parties. The Commission shall make recommendations to the
Conference of the States Parties on this matter.
17.
The Commission shall remain in existence until the conclusion of the first
session of the Conference of the States Parties.
18.
The Host Country undertakes to accord the Commission, its staff, as well
as the delegates of signatory States such legal status, privileges, and
immunities as are necessary for the independent exercise of their functions
in connection with the Commission and the fulfilment of its object and
purpose, as outlined in Annex 1 to this text.
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ANNEX
1
PRIVILEGES,
IMMUNITIES AND PRACTICAL ARRANGEMENTS IN CONNECTION WITH THE HOSTING
OF THE REPARATORY COMMISSION
1.
The Government of the Netherlands is prepared to grant to the delegates
to the Preparatory Commission, who have been notified as such by the sending
State, and who reside in TheHague, privileges and immunities similar to
those granted by the Government of the Netherlands to diplomats of comparable
rank of diplomatic missions accredited to the Netherlands.
2.
The Government of the Netherlands is prepared to apply Article V of the
Convention on the Privileges and Immunities of the Specialized Agencies
of 21 November 1947 to non-residing delegates to the Preparatory Commission
while exercising their function and during their journeys to and from
the place of meeting.
3.
The Government of the Netherlands is prepared to grant to the Executive
Secretary and staff members of the Preparatory Commission privileges and
immunities similar to those which the Government of the Netherlands has
undertaken to grant to the Director-General and staff members of the Organization
for the Prohibition of Chemical Weapons, as set out under Annex 3, "Privileges
and Immunities", points 1,2, and 3, "Social Security", point 13, and "Employment",
points 14 and 15.
4.
It is understood that the above will be elaborated in an agreement to
be concluded with the Government of the Netherlands.
5.
The practical arrangements for the hosting for the Preparatory Commission
shall be based on the information submitted and commitments undertaken
by the Netherlands and by the City of The Hague as contained in Annex
3 on the Netherlands bid, under "Building andEquipment".
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ANNEX
2
PRIVILEGES, IMMUNITIES AND PRACTICAL ARRANGEMENTS TO BE LAID DOWN IN
THE HEADQUARTERS AGREEMENT
1.
The Headquarters Agreement between the Organization and the Netherlands,
where the seat of the Organization is located, shall be based on the information
submitted and commitments undertaken by the Netherlands and by the City
of The Hague as contained in Annex 3 on the Netherlands bid.
2.
In order to ensure the effective functioning of the Organization, the
privileges and immunities to be laid down in the Headquarters Agreement
shall be in conformity with the regime of the Convention on the Privileges
and Immunities of the Specialized Agencies of21 November 1947 (United
Nations General Assembly Resolution 179/II).
3.
In order to ensure the effective functioning of the Organization, the
Headquarters Agreement shall also include provisions for:
3.1 the granting to Heads of Delegations to the Organization of ambassadorial
rank the title of Permanent Representative and the privileges and immunities
to whic Ambassadors to the Netherlands are entitled; 3.2 the establishment
of a tax-free commissary for the officials of the Organization entitled
to duty free privileges; 3.3 the exemption from tax on or in respect
of salaries and emoluments paid by the Organization; the Host Country
shall not take into account the salaries and emoluments thus exempted
when assessing the amount of tax to be applied to income from other sources.
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ANNEX
3
INFORMATION
SUBMITTED AND COMMITMENTS UNDERTAKEN BY THE NETHERLANDS AND BY THE CITY
OF THE HAGUE
The following information is given and commitments are undertaken by the
Netherlands and by the City of The Hague with respect to arrangements
for the hosting of the Preparatory Commission as well as for the Headquarters
Agreement. These are reflected in:
- the
Annex to Paper No. 1 of 28 April 1992 of the "Friend of the Chair on
the Seat of the Organization";
- the
Bidbook of 18 May 1992 presented by the Netherlands;
- the
statement of 2 June 1992, made by Mr. Martini, Acting Burgomaster of
The Hague, to the Ad Hoc Committee on Chemical Weapons;
- the
statement of 2 June 1992 made by Mr. M. van Zelm, Programme Director
of the Prins Maurits Laboratory, to the Ad Hoc Committee on Chemical
Weapons.
These documents are filed with the Secretariat of the Conference on Disarmament
in Geneva. Other aspects may be included in the Headquarters Agreement
by mutual agreement.
Privileges
and Immunities
1.
Full diplomatic privileges will be granted to those staff members of the
Organization and their dependents who qualify under the relevant provisions
of the Agreement. Pursuant to Annex 1, the Netherlands is prepared to
extend diplomatic privileges to personnel with ranks comparable to P-5
and above in conformity with the regime of the convention on the Privileges
and Immunities of the Specialized Agencies of 21 November 1947 (United
Nations GeneralAssembly Resolutions 179/II).
2.
Other staff members will enjoy:
(a) immunity from legal proceedings of any kind with respect to words
spoken or written and all acts performed by them in their official capacity;
(b) in any event, immunity shall not extend to a civil action by a third
party for damage arising from an accident caused by a motor vehicle
belonging to, driven by or operated onbehalf of a staff member or in
respect of a traffic offence involving such a vehicle;
(c) inviolability of all their official papers and documents;
(d) immunity from inspection of official baggage;
(e) exemption from Netherlands income tax on salaries and emoluments
paid to them by the Organization
Moreover, staff members who do not have the Dutch nationality will;
(f) enjoy exemption with respect to themselves and members of their
families who are part of their households from all measures restricting
entry and alien registration. Any visas possible;
(g) be given the same repatriation facilities in the time of international
crisis as officials of diplomatic missions, together with members of
their families who form part of their households;
(h) not require a work permit for their official duties with the Organization;
(i) in accordance with the regulations in force, have relief from import
duties and taxes, expect payments for services, in respect of their
furniture and personal effects and the rightto export furniture and
personal effects with relief from duty on termination of their duties
in the Netherlands. Personnel effects may include a reasonable number
of cars that have been in use in the household and are older than six
months.
3.
In addition, persons who have lived outside the Netherlands for at least
12 months before taking up a position with the Organization will be allowed
to import one motor vehicle tax-free. The vehicle should be imported within
12 months after they take up their position and can be sold tax-free after
12 months.
4.
Pursuant to Annex 2, the Netherlands is furthermore prepared to grant
to the Heads of the Prohibition of Chemical Weapons, the title of Permanent
Representatives and the privileges and immunitiesto which Ambassadors
to the Netherlands are entitled.
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Building
and Equipment
5.
An office building of 3,300 square metres will be supplied free of charge
during the preparatory phase (maximum of five years). The building is
located at the centre of The Hague near the Peace Palace and several embassies.
The Netherlands Congress Centre is 1 km away.The modern office building
was built in 1986 and consists of 3,300 square metres of office space
divided over five floors. Office space can be made available immediately
as soon as the Organization begins working in The Hague. The building
offers sufficient flexibility to allow the organization to grow in stages
up to a maximum of 200 people. The Hague and the Netherlands will pay
for the rent of the office space, parking places for the Organization,
maintenance costs of the building and the installations energy costs (heating,
cooling,electricity, water) and turnkey costs (carpeting, partitioning)
during the preparatory phase.
6.
Before the full implementation phase, office space with a maximum of 18,000
square metres is foreseen to be made available for the Organization in
a new purpose-build office building, to be known as the "Peace Tower".
Construction can be started as soon as the Organization can specify the
required volume and further details. The building is expected to be completed
two and a half years later. The Tower will be situated in the city centre
business district next to Central Station.
For a period of 3 years during the full implementation phase, The Hague
and the Netherlands will pay for the rent of the office space, 110 parking
places for the Organization inside the building, maintenance costs of
the building and the installations, energy costs(heating, cooling, electricity,
water) and turnkey costs (carpeting, and partitioning).
The building is flexible enough to allow space to be made available to
the Organization in proportion to the number of staff, up to a maximum
of 18,000 square metres. After the period in which the Netherlands Government
will pay for the office space as described above, office space can be
leased by the Organization at a guaranteed price of US$ 250 per square
metre (indexed on the basis of the 1992 price level, basic rent).
If required expansion needs of the Organization are known before the end
of 1993, the building can be expanded to a maximum of 22,000 square metres.
This expansion can be leased by the Organization at a guaranteed price
of US$ 250 per square metre (indexed on the basis of 1992 price levels,
basic rent).
7.
When needed, a conference room for approximately 170 delegations will
be made available, free of charge, during the maximum eight year period
of the Netherlands bid at the nearby Peace Palace or Netherlands Congress
Centre.
8.
Subject to the promise that all office supplies, service contracts and
other office materials for which the Organization will pay, shall be purchased
at the normal going rates from asupplies designated by The Hague, the
Netherlands offers during the preparatory phase (maximum of five years)
includes:
- providing
all necessary office furniture according to official European standards,
free of charge;
- providing
all the reasonably necessary office equipment, free of charge;
During the preparatory phase (maximum of five years) the Netherlands offer
also includes:
- providing
a fully integrated digital telephone switchboard, telephones on every
desk and 10 fax machines free of charge.
9.
After the preparatory phase during a period of three years office furniture
(according to official European standards) and reasonably necessary office
equipment will be supplied free of contracts and other office materials
for which the Organization will pay, shall be purchased at the normal
going rates from a supplier designated by The Hague.
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Laboratory/training
10.
The Pins Marutis Laboratory (PML) of the Netherlands Organization for
Applied Scientific Research (TNO), a fully independent not-for-profit
research organization, will grant the Organization access to its database
with analytical chemical data, free of charge. This database contains
spectrometric and chromatographic data of a large number of compounds
relevant to the Convention.
11.
PML is also prepared to provide a technical training programme for 100-150
candidate inspectors of the future Organization drawn from developing
countries mainly. The training programme will be free of charge for the
participants.
12.
Final PML, if needed in cooperation with other TNO institutes, could carry
out a number of technical functions of the Organization, such as analyses
of samples, development of analytical chemical methods, synthesis of reference
compounds, calibration and development of verification equipment, advice
on and development of detection and protection equipment, sampling equipment,
seals and markers, etc., at a price determined by the integral costs of
its activities.
Social Security
13.
If the Organization establishes its own social security system with comparable
coverage to Dutch schemes, the Netherlands Government will exempt the
Organization, its Director and staff members/personnel from compulsory
insurance under national social security schemes. The exemption rules
will be laid down in the Headquarters Agreement. For persons who are not
exempt, compulsory insurance schemes will apply and the Organization will
be responsible for paying contributions.
Employment
14.
Non-Dutch employees of international organizations in the Netherlands
who do not carry diplomatic status, will be as a matter of routine granted
work and residence permits for the duration of their employment in the
Netherlands.
15.
Family members of persons working at the Organization who have the nationality
of one of the member States of the European Community may take up employment
in the Netherlands. Members of the family how do not have the nationality
of one of the member States of the European Community may take up employment
subject to the requirements of the labour market.
General Conditions relating to the Netherlands bid
16.
The Dutch bid applies if the organization is to remain in The Hague throughout
its existence.
17.
Property, furniture, equipment and other items that are made available
will remain the property of the supplier and/or the Netherlands.
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