Rolling Text (8th session): Articles VIII

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Rolling Text (8th Session) : Articles VIII - IX

The Rolling Text for Articles VIII - IX from the 8th Session of the Ad Hoc Group of States Parties is provided below . The page numbers given are those which appear in the original text. The detailed footnotes are provided at the end of the main text.

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BWC/AD HOC GROUP/38
Annex I
page 74

ARTICLE VIII

CONFIDENCE-BUILDING MEASURES

BWC/AD HOC GROUP/38
Annex I
page 75

ARTICLE IX

[[THE ORGANIZATION] [AND IMPLEMENTATIONAL ARRANGEMENTS]⁵⁶

(A) GENERAL PROVISIONS

1. The States Parties to this Protocol hereby establish the Organization for the Prohibition of Bacteriological (Biological) and Toxin Weapons (hereinafter referred to as "the Organization") to [strengthen] [promote] the [object and purpose] [the effectiveness and improve the implementation] of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction and [to[ensure] the implementation of the provisions of this Protocol] [[through the implementation of] this Protocol, to ensure the implementation of their provisions, [including those for international [verification of] compliance,] [as well as ensuring the promotion of technological cooperation for peaceful purposes] and to provide a forum for consultation and cooperation among States Parties].

2. All States Parties shall be members of the Organization. A State Party shall not be deprived of its membership in the Organization.

3. The seat of the Organization shall be [...].

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

5. Each State Party shall cooperate with the Organization in the exercise of its functions in accordance with this Protocol. States Parties [shall] [may] consult directly among themselves or through the Organization on any matter which may be raised relating to the implementation of this Protocol.

[6. The Organization shall conclude an agreement(s) with the relevant specialized international organizations such as WHO which shall be entrusted with the verification responsibilities determined by this Protocol and with the rendering of conference, logistic and infrastructural support required by the Organization.]⁵⁷

BWC/AD HOC GROUP/38
Annex I
page 76

7. The costs of the activities of the Organization shall be met annually by the States Parties in accordance with the United Nations scale of assessments adjusted to take into account differences in membership between the United Nations and the Organization.

8. A member of the Organization which is in arrears in the payment of its assessed 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 unavailability of financial resources].

(B) THE CONFERENCE OF THE STATES PARTIES

Composition, Procedures and Decision-making

9. The Conference of the States Parties (hereinafter referred to as "the Conference") shall be composed of all States Parties. Each State Party shall have one representative in the Conference, who may be accompanied by alternates and advisers.

10. The initial session of the Conference shall be convened by the Depositar[y][ies] no later than 30 days after the entry into force of this Protocol.

11. The Conference shall meet in regular sessions, which shall be held annually, unless it decides otherwise.

12. A special session of the Conference shall be convened:

(a) When decided by the Conference;

(b) When requested by [the Executive Council]; or

The special session shall be convened no later than 30 days after the decision of the Conference, the request of [the Executive Council], or the attainment of the necessary support, unless specified otherwise in the decision or request.

13. The Conference may also be convened in the form of a Review Conference, in accordance with Article ... .

BWC/AD HOC GROUP/38
Annex I
page 77

14. The Conference may also be convened in the form of an Amendment Conference, in accordance with Article ... .

15. Sessions shall take place at the seat of the Organization unless the Conference decides otherwise.

16. The Conference shall adopt its rules of procedure. At the beginning of each session, it shall elect its President and such other officers as may be required. They shall hold office until a new President and other officers are elected at the next session.

17. A majority of the States Parties shall constitute a quorum.

18. Each State Party shall have one vote.

19. The Conference shall take decisions on matters of procedure by a majority of members present and voting. Decisions on matters of substance shall be taken as far as possible by consensus. If consensus is not attainable when an issue comes up for decision, the President of the Conference shall defer any vote for 24 hours and during this period of deferment shall make every effort to facilitate achievement of consensus, and shall report to the Conference before the end of this period. If consensus is not possible at the end of 24 hours, the Conference shall take a decision by a twothirds majority of members present and voting unless specified otherwise in this Protocol. 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 majority required for decisions on matters of substance.

Powers and Functions

20. The Conference shall be the principal organ of the Organization. It shall consider any questions, matters or issues relevant to the provisions of this Protocol, including those relating to the powers and functions of [the Executive Council] and the [Technical] Secretariat, in accordance with this Protocol. It may make recommendations and take decisions on any questions, matters or issues relevant to the provisions of this Protocol raised by a State Party or brought to its attention by [the Executive Council].

21. The Conference shall oversee the implementation of this Protocol, and review compliance with, [this Protocol] [the Convention] and act in order to promote its object and purpose. It shall also oversee the activities of [the Executive Council] and the [Technical] Secretariat and may issue guidelines to either of them for the exercise of their functions.

BWC/AD HOC GROUP/38
Annex I
page 78

22. The Conference shall:

(a) Consider and adopt the report of the Organization on the implementation of this Protocol and the annual programme and budget of the Organization, submitted by [the Executive Council], as well as consider other reports;

(b) Decide on the scale of financial contributions to be paid by States Parties in accordance with paragraph 7;

(d) Appoint the DirectorGeneral of the [Technical] Secretariat (hereinafter referred to as "the Director-General") upon the recommendation of [the Executive Council];

(e) Consider and approve the rules of procedure of [the Executive Council] submitted by the latter;

(f) Review scientific and technological developments that could affect the operation of this Protocol. In this context, the Conference [may] [shall] [direct the DirectorGeneral to establish a Scientific Advisory Board to enable him, in the performance of his functions, to render specialized advice in areas of science and technology relevant to this Protocol to the Conference, [the Executive Council] or to States Parties. In that case, the Scientific Advisory Board shall be composed of independent experts and appointed, in accordance with terms of reference adopted by the Conference, on the basis of their expertise and experience in the particular scientific fields relevant to the implementation of this Protocol [and on the basis of equitable geographic distribution]] [utilize the part time staff of the SSC appointed according to provisions in Annex ...];

(g) Take the necessary measures to ensure compliance with this Protocol and to redress and remedy any situation that contravenes the provisions of this Protocol, in accordance with Article ...;

(h) Consider and approve at its first session any draft agreements, provisions, procedures, operational manuals, guidelines and any other documents;

(i) Consider and approve agreements or arrangements negotiated by the [Technical] Secretariat with States Parties, other States and international organizations to be concluded by [the Executive Council] on behalf of the Organization in accordance with paragraph 34 (l);

BWC/AD HOC GROUP/38
Annex I
page 79

(j) Establish such subsidiary organs as it finds necessary for the exercise of its functions in accordance with this Protocol;

[(k) Establish at its first session the Voluntary Fund in accordance with Article ...;]

(l) Promote international cooperation and [exchange] with States Parties in the field of bacteriological (biological) activities.

[(C) [THE EXECUTIVE COUNCIL]⁵⁸

Composition, Procedures and Decision-making

23. [The Executive Council] shall consist of [...] members. Each State Party shall have the right, in accordance with the provisions of this Article, to serve on [the Executive Council].

24. Taking into account the need for [equitable geographical distribution], [the Executive Council] shall comprise:

[...]

25. The members of [the Executive Council] shall be elected by the Conference. In this connection, [each geographical region] shall designate States Parties from that region for election as members of [the Executive Council] as follows:

[...]

26. Each member of [the Executive Council] shall have one representative on [the Executive Council], who may be accompanied by alternates and advisers.

27. Each member of [the Executive Council] shall hold office from the end of the session of the Conference at which that member is elected until the end of the second regular annual session of the Conference thereafter, except that for the first election of [the Executive Council], [...] members shall be elected to hold office until the end of the [third] regular annual session of the Conference, due regard being paid to the established numerical proportions as described in paragraph 25.

BWC/AD HOC GROUP/38
Annex I
page 80

28. [The Executive Council] shall elaborate its rules of procedure and submit them to the Conference for approval.

29. [The Executive Council] shall elect its Chairman from among its members.

30. [The Executive Council] shall meet for regular sessions. Between regular sessions it shall meet as may be required for the fulfilment of its powers and functions.

31. Each member of [the Executive Council] shall have one vote.

32. [The Executive Council] shall take decisions on matters of procedure by a majority of all its members. [The Executive Council] shall take decisions on matters of substance by a twothirds majority of all its members unless specified otherwise in this Protocol. 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 majority required for decisions on matters of substance.⁵⁹

Powers and Functions

33. [The Executive Council] shall be the executive organ of the Organization. It shall be responsible to the Conference. It shall carry out the powers and functions entrusted to it in accordance with this Protocol. In so doing, it shall act in conformity with the recommendations, decisions and guidelines of the Conference and ensure their continuous and proper implementation.

34. [The Executive Council] shall:

(a) Promote effective implementation of, and compliance with, this Protocol;

(b) Supervise the activities of the [Technical] Secretariat;

(c) Supervise the implementation of the scientific and technological exchange and technical cooperation activities and measures stipulated in Article ...;

(d) Facilitate cooperation among States Parties, and between States Parties and the [Technical] Secretariat, relating to the implementation of this Protocol through information exchanges;

BWC/AD HOC GROUP/38
Annex I
page 81

(e) Facilitate consultation and clarification among States Parties in accordance with Article III, Part E;

(f) Receive, consider and [take action] [decide] on requests for, and reports on, investigations to address a non-compliance concern in accordance with Article III, Part F;

(g) Make recommendations as necessary to the Conference for consideration of further proposals for promoting the object and purpose of this Protocol;

(h) Cooperate with the National Authority of each State Party;

(i) Consider and submit to the Conference the draft programme and budget of the Organization, the draft report of the Organization on the implementation of this Protocol, the report on the performance of its own activities and such other reports as it deems necessary or that the Conference may request;

(j) Make arrangements for the sessions of the Conference, including the preparation of the draft agenda;

[(k) Receive, consider and [take action] [decide] on reports of non-challenge visits in accordance with Article III, Part F;]

(l) Conclude, subject to prior approval of the Conference, agreements or arrangements with States Parties, other States and international organizations on behalf of the Organization and supervise their implementation; and

(m) Approve any new operational manuals and any changes to the existing operational manuals that may be proposed by the [Technical] Secretariat.

35. [The Executive Council] may request a special session of the Conference.

36. [The Executive Council] shall consider concerns raised by a State Party regarding compliance and cases of noncompliance and abuse of the rights established by this Protocol. In doing so, [the Executive Council] shall consult with the States Parties involved and, as appropriate, request a State Party to take measures to redress the situation within a specified time. To the extent that [the Executive Council] considers further action to be necessary, it shall take, inter alia, one or more of the following measures:

BWC/AD HOC GROUP/38
Annex I
page 82

(a) Notify all States Parties of the issue or matter;

(b) Bring the issue or matter to the attention of the Conference;

(c) Make recommendations to the Conference regarding measures to redress the situation and to ensure compliance in accordance with Article V.]

(D) THE [TECHNICAL] SECRETARIAT [(INCLUDING INTERNATIONAL EPIDEMIOLOGICAL NETWORK)]⁶⁰

37.⁶¹ The [Technical] Secretariat shall assist States Parties in the implementation of this Protocol. The [Technical] Secretariat shall assist the Conference and [the Executive Council] in the performance of their functions. The [Technical] Secretariat shall carry out the [verification] [investigation] measures and the scientific and technological exchange and technical cooperation activities and measures provided for in this section [Annex ...]. It shall carry out the other functions entrusted to it by this Protocol, as well as those functions delegated to it by the Conference or [the Executive Council] in accordance with this Protocol. [The Technical Secretariat shall include, as an integral part, the Scientific Support Centre (SSC).] [The details with regard to the functions of the [Technical] Secretariat, the SSC and the system of support laboratories are set out in Annex [...], paragraph ... .]

38.⁶² The functions of the [Technical] Secretariat with regard to [verification of] compliance with the Convention and this Protocol shall, in accordance with Article III and the Annexes, include, inter alia:

(a) Receiving and processing of declarations submitted by the States Parties to the Organization in accordance with the provisions of Article III, Part D;

[(b) Receiving, collecting, processing, analysing and storing data and all relevant information relating to the appearance of unusual pathologies or epidemics supplied by States Parties and existing international organizations;

BWC/AD HOC GROUP/38
Annex I
page 83

(d) Supplying, at the request of the Organization or any State Party, any relevant information drawn up on the basis of collected and processed data, inter alia, to help distinguish pathologies and epidemics deemed to have a natural cause from pathologies and epidemics which might be the result of a violation or attempted violation of the BTWC;]

(e) Assisting [the Executive Council] in facilitating consultation and clarification among States Parties;

[(f) Conducting [[Non-Challenge] [Random] Visits] [and] [Clarification Visits] [Request Visits] [Confidence-Building Visits] [Voluntary Visits] in accordance with the provisions of Article III, Part F and of Annex G;]

(g) Receiving requests for [investigations to address a non-compliance concern][field and facility investigations][challenge inspections] and processing them, carrying out the preparations for, and providing technical support during, the conduct of [investigations to address a non-compliance concern][field and facility investigations] [challenge inspections], and reporting to [the Executive Council];

(h) Negotiating agreements or arrangements with States Parties, other States and international organizations and concluding, subject to prior approval by [the Executive Council], any such agreements or arrangements relating to [verification] activities with States Parties or other States;

(i) Assisting the States Parties through their National Authorities on other issues of [verification under] [implementation of] this Protocol; and

[(j) Implementing training programmes in order to facilitate the Director- General's responsibilities with regard to paragraph 47.]

39.⁶³The functions of the [Technical] Secretariat with respect to administrative matters shall include:

(a) Preparing and submitting to [the Executive Council] the draft programme and budget of the Organization;

BWC/AD HOC GROUP/38
Annex I
page 84

(b) Preparing and submitting to [the Executive Council] the draft report of the Organization on the implementation of this Protocol and such other reports as the Conference or [the Executive Council] may request;

(c) Providing administrative and technical support to the Conference, [the Executive Council] and other subsidiary organs;

(d) Addressing and receiving communications on behalf of the Organization relating to the implementation of this Protocol; and

(e) Carrying out the administrative responsibilities related to any agreements between the Organization and other international organizations.

40.⁶⁴ The functions of the [Technical] Secretariat with regard to scientific and technological exchange and technical cooperation for peaceful purposes shall, in accordance with Article ..., include, inter alia:

(a) Administer the voluntary fund referred to in ...;

[...].

[41. The functions described in 38 (b), (c) and (d) are discharged by the International Epidemiological Monitoring Network, an integral part of the [Technical] Secretariat.]

42.⁶⁵ The [Technical] Secretariat shall develop and maintain, subject to approval by [the Executive Council], operational manuals in accordance with Article III and the Annexes. These manuals shall not constitute integral parts of this Protocol or the Annexes and may be changed by the [Technical] Secretariat subject to approval by [the Executive Council]. The [Technical] Secretariat shall promptly inform the States Parties of any changes in the operational manuals.

43.⁶⁶All requests and notifications by States Parties to the Organization shall be transmitted through their National Authorities to the DirectorGeneral. Requests and notifications shall be in

BWC/AD HOC GROUP/38
Annex I
page 85

one of the official languages of this Protocol. In response the DirectorGeneral shall use the language of the transmitted request or notification.

44.⁶⁷ With respect to the responsibilities of the [Technical] Secretariat for preparing and submitting to [the Executive Council] the draft programme and budget of the Organization, the [Technical] Secretariat shall determine and maintain a clear accounting of all costs for each of the activities of the Organization.

45.⁶⁸The [Technical] Secretariat shall promptly inform [the Executive Council] of any problems that have arisen with regard to the discharge of its functions that have come to its notice in the performance of its activities and that it has been unable to resolve through consultations with the State Party concerned.

46.⁶⁹ The [Technical] Secretariat shall comprise a DirectorGeneral, who shall be its head and chief administrative officer, and such scientific, technical [, administrative] and other personnel as may be required. The DirectorGeneral shall be appointed by the Conference upon the recommendation of [the Executive Council] for a term of four years, renewable for only one further term.

47.⁷⁰ The DirectorGeneral shall be responsible to the Conference and [the Executive Council] for the appointment of the staff and for the organization and functioning of the [Technical] Secretariat. [The paramount consideration in the employment of the staff [in the Technical Secretariat] and in the determination of the conditions of service shall be the necessity of securing the highest standards of professional expertise, experience, efficiency, competence and integrity] [, on equitable geographical distribution]. Only citizens of States Parties shall serve as the Director-General, [members of the SSC or the clerical staff] as [inspectors] [investigators] or as members of the professional and clerical staff. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible. Recruitment shall be guided by the principle that the staff shall be kept to the minimum necessary for the proper discharge of the responsibilities of the [Technical] Secretariat.

BWC/AD HOC GROUP/38
Annex I
page 86

48.⁷¹ The Director-General shall be responsible for the organization and functioning of the Scientific Advisory Board referred to in paragraph ... . The Director-General shall, in consultation with States Parties, appoint members of the Scientific Advisory Board, who shall serve in their individual capacity. The members of the Board shall be appointed on the basis of the expertise in the particular scientific fields relevant to the implementation of this Convention [and equitable geographical distribution]. The Director-General may also, as appropriate, in consultation with members of the Board, establish temporary working groups of scientific experts to provide recommendations on specific issues. In regard to the above, States Parties may submit lists of experts to the Director-General.

49.⁷²In the performance of their duties, the DirectorGeneral, [members of the Scientific Support Centre,] the [inspectors] [investigators], the [inspection] [investigation] assistants and [other] [the] members of the staff shall not seek or receive instructions from any Government or from any other source external to the Organization. They shall refrain from any action that might reflect adversely on their positions as international officers responsible only to the Organization. The Director-General shall assume responsibility for the activities of an investigation team.

50.⁷³ Each State Party shall respect the exclusively international character of the responsibilities of the DirectorGeneral, [the Scientific Support Centre,] the [inspectors] [investigators], the [inspection] [investigation] assistants and the members of the staff and shall not seek to influence them in the discharge of their responsibilities.

[51.⁷⁴Scientific and technical expertise in the [Technical] Secretariat shall be contained in a specialized multidisciplinary Scientific Support Centre (SSC). The SSC shall consist of a small permanent staff and an ad hoc panel of experts as well as a system of support laboratories including a small organizational laboratory supported by accredited and local laboratories. The details of these structures are set out [below] [in Annex ...]. [The details with regard to the structure of the SSC and the system of support laboratories are set out in Annex [...], paragraph ... .]

BWC/AD HOC GROUP/38
Annex I
page 87

(E) PRIVILEGES AND IMMUNITIES

52. The Organization shall enjoy on the territory and in any other place under the jurisdiction or control of a State Party such legal capacity and such privileges and immunities as are necessary for the exercise of its functions.

53. Delegates of States Parties, together with their alternates and advisers, representatives of members elected to [the Executive Council], together with their alternates and advisers, the DirectorGeneral and the staff of the Organization shall enjoy such privileges and immunities as are necessary in the independent exercise of their functions in connection with the Organization.

54. The legal capacity, privileges and immunities referred to in this Article shall be defined in agreements between the Organization and the States Parties as well as in an agreement between the Organization and the State in which the Organization is seated. Such agreements shall be considered and approved in accordance with paragraph 22 (h) and (i).

55. Notwithstanding paragraphs 52, 53 and 54, the privileges and immunities enjoyed by [the DirectorGeneral,] the [inspectors] [investigators] [and visitors], the [inspection] [investigation] [and visit] assistants [and the members of the staff of the [Technical] Secretariat] during the conduct of investigation activities [and visits] [as well as the waiver procedures of immunities of the investigators [and visitors] and investigation [and visit] assistants, the other staff of the [Technical] Secretariat, the Director-General of the [Technical] Secretariat and the Organization itself in relation to such activities ] shall be those set forth in the Annexes.

[56. Provisions set forth in Section D 2. of the Annex shall apply, when applicable and mutatis mutandis, to the waiver of immunities of the Director-General and the staff of the [Technical] Secretariat and the Organization itself in relation to activities of the Organization other than investigation activities [and visits].]]

[[A. UNITED NATIONS SECURITY COUNCIL

1. A request relating to an alleged breach of the Convention shall be submitted to the Security Council in accordance with article VI of the Convention. It shall then be referred to a technical body, either an existing one, or one specially set up on the basis of an existing unit in the United Nations system.]

[B. TECHNICAL BODY

2. The Technical Body would be able to make an expert technical appraisal of the request, assessing the material submitted in relation to the criteria set forth in the Protocol, and also, on

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Annex I
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the basis of Article V, shall assist with bilateral and multilateral consultations. In drawing up the list of criteria for consideration of a request, the Ad Hoc Group shall specify that no evidence is to be regarded by the persons considering it as having pre-established value. Evidence obtained in violation of the law either of the country requesting the inspection or of the country where the inspection is to be conducted shall be treated as having no legal value and may not be used as the basis for any accusation or as confirmation of the allegations made in the request.

3. Consideration of a request for an investigation shall be assisted by consultations, explanations and cooperation between States Parties in accordance with Article V of the Convention in order to allay any concern about a breach of the Convention, the mechanism of bilateral and multilateral consultations being used for these purposes (unless otherwise agreed in the Protocol) with the assistance of the technical body.

4. All States Parties shall, in accordance with Article VI of the Convention and the procedures established, give the technical body, at its request, any necessary assistance in order to facilitate the conduct of the investigation.

5. In considering a request, the technical body may also ask for additional information and hold further consultations.

6. If the requesting State does not supply the amount of information required by the Protocol (including additional information), or if the concern that has arisen about a breach is allayed in the course of consultations, explanations and cooperation, the investigation will be terminated and the requesting State duly informed.]

[C. CONSULTATIVE COUNCIL

7. If the technical body established that the request meets the agreed criteria that are to be set forth in the Protocol and the concern about a breach is not allayed in the course of consultations, explanations and cooperation, the decision on an inspection will be taken by a politically representative body (e.g. a consultative council) convened for the purpose by the Depositary States of the Convention. This consultative council board shall consist of representatives of States Parties and shall meet only in order to take a decision on carrying out an inspection upon request. Questions relating to its membership and the procedure for establishing and convening it will have to be worked out by the Ad Hoc Group. A decision to carry out an inspection would be taken by a two-thirds majority of the full membership of the advisory board.]]

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Footnotes

56. This section on Organization has been recently introduced. It was not discussed in a sufficient way and it needs further consideration.
57. The view was expressed that tasking other international institutions and organizations such as the WHO with central functions raises legal, organizational and political concerns to be investigated further.
58. The view was expressed that there is a strong doubt concerning the establishment of the Executive Council within the Organization and that there is a need for further consideration of this subject.
59. This provision is without prejudice to decision making procedures for initiation of investigations. This issue would require further consideration by the Ad Hoc Group.
60. The view was expressed that there is a need for adjustment in the whole section in case specialized international organizations such as WHO would be entrusted with the verification responsibilities.
61. It was proposed to move this paragraph to be the fourth paragraph of section D.
62. It was proposed to take this paragraph out of the main body and include it in a new Annex on the Technical Secretariat (paragraphs 17 and 18).
63. It was proposed to take this paragraph out of the main body and include it in a new Annex on the Technical Secretariat (paragraph 25).
64. It was proposed to take this paragraph out of the main body and include it in a new Annex on the Technical Secretariat (paragraph 24).
65. It was proposed to take this paragraph out of the main body and include it in a new Annex on the Technical Secretariat (paragraph 18(k)).
66. It was proposed to move this paragraph to be the seventh paragraph of section D.
67. It was proposed to move this paragraph to be the eighth paragraph of section D.
68. It was proposed to move this paragraph to be the nineth paragraph of section D.
69. It was proposed to move the first sentence to be the first paragraph of section D, and the second sentence to be included in a new Annex on the Technical Secretariat (paragraph 1).
70. It was proposed to take the first sentence out of the main body and include it in a new Annex on the Technical Secretariat (paragraph 16), and to move the last four sentences to be the third paragraph of section D.
71. It was proposed to take this paragraph out of the main body and include it in square brackets in a new Annex on the Technical Secretariat (between paragraphs 16 and 17).
72. It was proposed to move this paragraph to be the fifth paragraph of section D.
73. It was proposed to move this paragraph to be the sixth paragraph of section D.
74. It was proposed to move this paragraph to be the second paragraph of section D.