Rolling Text (9th Session) : Annex H

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Rolling Text (9th Session) : Annex H

Annex H of the Rolling Text is provided below. This material is from the 9th Session of the Ad Hoc Group of States Parties to the Convention.

Please note: the page numbers given are those which appear in the original text, these appear at the top of the page. The detailed footnotes are provided at the end of the main text.

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BWC/AD HOC GROUP/39
Annex 1
page 221

H. THE [TECHNICAL] SECRETARIAT [TECHNICAL BODY]

(A) STRUCTURE

The Director-General

1. The DirectorGeneral shall be appointed by the Conference upon the recommendation of the [Executive Council] [Consultative Council] for a term of four years, renewable for only one further term.

[Scientific and Technical Section (STS)

Permanent staff

2. The Scientific and Technical Section (STS) shall consist of a small permanent staff component which may be adjusted by the Director-General upon approval by the [Executive Council] [Consultative Council], depending on the demands and workload which may develop with time. Staff numbers shall be kept to the minimum, provided that the required skills are provided and that continuity is maintained. The Director-General may redefine the posts and skills which are necessary to perform the functions of the STS.

3. The head of the STS shall be appointed by the Director-General and shall be scientifically well qualified with sufficient experience to manage the centre in a cost-effective manner. The head of the STS shall be responsible for selection and management of staff and to make presentations to international and national bodies. [The head of the STS shall liaise with other international organizations such as the WHO, FAO, IOE, and establish links to create an international epidemiological network.] The head of the STS shall report to the [Director-General] [Organization].

4. The permanent staff component shall comprise of scientists and technical support staff nominated by States Parties and appointed by the Director-General with knowledge of and experience in, inter alia, the following disciplines:

Scientists

(a) Medical and veterinary microbiology, pathology and toxicology;
(b) Medical and veterinary infectious diseases;
(c) Medical and veterinary epidemiology;
(d) Plant virology, pathology, entomology, phytobacteriology;
(e) Biological weapons defence, weapons systems and munitions;
(f) Bio-production technology;
(g) Microbial genetics and DNA identification techniques.

BWC/AD HOC GROUP/39
Annex 1
page 222

Technical support staff

(a) Microbiology: sampling, isolation, identification;
(b) Clinical pathology;
(c) Sample preparation and preservation (biohazard techniques);
(d) Electrophoretic techniques;
(e) Data storage and analysis;
(f) Cartographic analysis;
(g) Computer and other communications systems;
(h) Laboratory management and documentation;
(i) Immunological techniques.

[Part time staff

5. The part time staff component of the STS shall consist of a panel of experts nominated by States Parties from which investigators and investigation assistants shall be selected in accordance with the provisions and procedures set out in Article III and Annex D [and paragraph ... of Article IX].

6. States Parties may nominate to the Director-General, suitably qualified and experienced experts in, inter alia, the following fields which would be made available to serve on the panel of experts on a part time basis:

(a) Medical and veterinary infectious diseases;
(b) Medical and veterinary epidemiology, microbiology, virology, pathology, toxicology, toxinology and immunology;
(c) Plant microbiology, virology, pathology, phytobacteriology and mycology;
(d) Invertebrate biosystematics;
(e) Biological weapons defence, weapons systems and munitions;
(f) Aerobiology;
(g) Interpreters;
(h) Advisors on cultural background of the area to be investigated.]

Laboratories

7. [A system of support laboratories, including organizational, local and accredited laboratories shall provide the necessary laboratory functions in support of the activities of [the Organization]:] [The [Technical] Secretariat [Technical Body] shall have to its disposal the following laboratory support:

(a) Organization laboratory. An element of the STS.

(b) Field laboratory. Established by the investigation team during on-site investigations.

BWC/AD HOC GROUP/39
Annex 1
page 223

(c) Local laboratories. The investigation team shall utilize the local laboratories in the investigated State Party during an investigation, when possible.

(d) Accredited laboratories. Laboratories accredited to the Organization according to procedures as set out in the Protocol and Annexes.]

[Organization laboratory

8. A small laboratory, as part of the Scientific and Technical Section (STS), shall be established and maintained by the Organization and shall be capable of performing basic laboratory functions.

9. The laboratory staff shall be drawn from the permanent staff component of the STS and shall consist of scientists representing the essential medical, veterinary and botanical fields supported by a small staff of experienced technologists in these fields.

10. The laboratory shall be adequately equipped to conduct its work. A list of laboratory equipment is set out in Appendix [...].]

[Field laboratory

11. The Scientific and Technical Section (STS) shall maintain equipment to establish a basic field laboratory that may be used during an investigation in the field, to do necessary basic analyses and testing on site in order to support the investigating team in its work.

12. The field laboratory shall be staffed by personnel from the STS.

13. The field laboratory shall be adequately equipped with the necessary mobile equipment for use during investigations. A list of mobile laboratory equipment is set out in Appendix [...].]

Local laboratories

14. During an investigation, maximum use shall be made of local laboratories to perform, where possible, the necessary analyses and testing.

Accredited laboratories

15. A number of specialized laboratories within States Parties covering all the necessary laboratory functions (including BL4 facilities) shall be accredited to the [Technical] Secretariat [Technical Body] according to procedures set out in [paragraph ...] [Annex ...] [Appendix ...]. These laboratories shall conduct all specialized functions which may not be regularly available to the [Technical] Secretariat [Technical Body]. These laboratories may also be utilized as reference laboratories for the [Technical] Secretariat [Technical Body].]

BWC/AD HOC GROUP/39
Annex 1
page 224

Budget and Administration [Section]

[16. The Budget and Administration Section shall consist of a Budget and Financial element, Personnel Management element, and General Administration element.]

[...]

[(B) FUNCTIONS¹³³

Director-General

17. The DirectorGeneral shall be responsible to the Conference and the [Executive Council] [Consultative Council] for the appointment of the staff and for the organization and functioning of the [Technical] Secretariat [Technical Body].

[18. 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.]

Scientific and Technical Section (STS)

19. The functions of the [Technical] Secretariat [Technical Body] with regard to [verification of] compliance with the Convention and this Protocol [as performed by the Scientific and Technical Section] shall, in accordance with Article III and the Annexes, include, inter alia:

Routine and ongoing functions

(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, analyzing and storing data and all relevant information relating to the appearance of unusual pathologies or epidemics supplied by States Parties and existing international organizations, such as the WHO, FAO, IOE and OPCW;

BWC/AD HOC GROUP/39
Annex 1
page 225

(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] [Consultative Council] in facilitating consultation and clarification among States Parties;

(f) Provide training and guidance for investigators;

(g) Evaluation for accreditation of specialist laboratories or other research facilities;

(h) Managing the organizational laboratory including preparation and preservation of samples and reference materials and maintaining the equipment for use in a field laboratory;

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

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

[(k) Develop and maintain, subject to approval by the [Executive Council] [Consultative Council], operational manuals to guide the operation of the various components of the [verification] [compliance] regime, 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 [Technical Body] subject to approval by the [Executive Council] [Consultative Council]. The [Technical] Secretariat [Technical Body] shall promptly inform the States Parties of any changes in the operational manuals.]

Visits and investigations

(a) Receiving and processing requests for [investigations to address a non-compliance concern] [field and facility investigations] [challenge inspections];

(b) Making a technical evaluation of information supplied with a request for an investigation of a noncompliance concern and prepare a report to the Director-General for submission to the [Executive Council] [Consultative Council];

BWC/AD HOC GROUP/39
Annex 1
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(d) Assemble and co-ordinate investigation teams in accordance with Article III and Annex D;

(e) Provide guidance and support for investigation teams;

(f) Collect samples of materials which may have a bearing on alleged noncompliance with the BTWC;

(g) Preparation, storage and analysis of samples collected during an investigation;

(h) Analyze samples or arrange for analyses to be carried out in accredited facilities;

[(i) 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.]

Reporting

(a) Collate data and prepare evaluations, advice and reports to the Director-General and the Organization;

(b) Prepare and draft expert report of findings of investigations of non-compliance concerns;

[(c) Generate reports on [[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.]

Support laboratories

20. The functions of laboratories in support of investigations of non-compliance concern shall, inter alia, include:

Organization laboratory functions

21. The organization laboratory shall have the following specific functions:

(a) Prepare and preserve samples and reference materials;

BWC/AD HOC GROUP/39
Annex 1
page 227

(b) Acquisition of materials which may have a bearing on alleged cases of noncompliance;

(d) Analyze samples or arrange for such analysis to be carried out in accredited facilities;

(e) Collate data and prepare evaluations, advice and reports to the Organization;

(f) Provide and maintain field laboratory facilities for use by investigation teams.

General laboratory functions

22. Depending on the nature of the investigation, organizational, field, local and accredited laboratories used in support of such investigation shall, inter alia, be capable of performing the following functions:

(a) Microbiology

- Bioassay (culture, identification and testing) of live bacteria, protozoa, fungi and viruses;
- Molecular biological and immunological assay to determine the specific identity of a microorganism or toxin;
- Special capabilities may be necessary to investigate aerosol samples; to detect and identify pathogens in water, soil and plant samples; and to examine possible delivery devices (weapons) and analyze samples from such devices.

(b) Medical and related functions

- Diagnostic functions such as haematology, biochemistry, immunology and microbiology with access to laboratory animals to enable detection and identification of pathogens from body samples in order to make or confirm the diagnosis of the disease under investigation. Bacteria, viruses, fungi and toxins must be detected and identified;
- Anatomical/forensic pathology to conduct post mortem examinations and histology to analyze histological samples in order to make or confirm a diagnosis.

BWC/AD HOC GROUP/39
Annex 1
page 228

- Genetic analysis to investigate the possibility of genetic modification of the suspect organism, or to detect a specific organism in a mixed background.

(d) Biochemistry

- Specialized molecular tests, electron-microscopy, toxicology and analytical chemistry.

(e) Biohazard facilities capable of working with highly dangerous pathogens

- Handling highly dangerous and exotic organisms such as haemorrhagic fever viruses i.e. BL4 (as defined by WHO).

(f) Veterinary

- The same or similar capabilities as for medical functions (b).

(g) Botanical

- Diagnostic laboratories with the capability to diagnose pathogenic plant viruses, viroids, phytoplasmas, fungi and bacteria by serological, molecular, electron-microscopy and biological assays, including, inter alia, host pathogen interactions, indexing and transfer to indicator plants by mechanical grafting and insect vectors. These tests are based on the living pathogens and necessitates the availability of suitable quarantine facilities;
- Equipped to determine morphological, histological and biochemical characteristics;
- Biosystematics capability for insects, arachnids, nematodes and fungi is a prime requirement for the identification of possible vectors;
- Capable to conduct laboratory work in the field;
- Collect, preserve and dispatch samples for off-site analysis;
- Basic diagnostic work such as serology, microscopy, microbiological and other diagnostic tests;
- Biohazard sample handling;
- Collecting and preparation of munition samples.]

BWC/AD HOC GROUP/39
Annex 1
page 229

Scientific and technological exchange functions

23. The functions of the [Technical] Secretariat [Technical Body] 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 ...;

[...].

Administrative functions

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

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

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

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

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

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

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

[(g) Management of the personnel of the [Technical] Secretariat [Technical Body].]]]

Notes

133. This section has to be discussed in the light of the outcome of further work on other parts of this Protocol.

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