Rolling Text (9th Session) : Contents

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Rolling Text (9th Session) : Contents

The Contents of the Rolling Text are 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 5

ANNEX I

BWC/AD HOC GROUP/39
Annex 1
Page 6

ROLLING TEXT* OF A PROTOCOL TO THE CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION AND STOCKPILING OF BACTERIOLOGICAL (BIOLOGICAL) AND TOXIN WEAPONS
AND ON THEIR DESTRUCTION

* This rolling text is without prejudice to the positions of delegations on the issues under consideration in the Ad Hoc Group and does not imply agreement on the scope or content.

BWC/AD HOC GROUP/39
Annex 1
Page 7

Contents

Page

PREAMBLE 11

ARTICLE I GENERAL PROVISIONS 15

ARTICLE II [DEFINITIONS] 16

ARTICLE III COMPLIANCE MEASURES
A. [LISTS AND CRITERIA (AGENTS AND TOXINS)]
B. [EQUIPMENT]
C. [THRESHOLDS]
D. DECLARATIONS
E. CONSULTATION, CLARIFICATION AND COOPERATION F. [VISITS AND INVESTIGATIONS] 23
23
24
25
27
35
38

ARTICLE IV CONFIDENTIALITY PROVISIONS 60

ARTICLE V MEASURES TO REDRESS A SITUATION AND TO ENSURE COMPLIANCE 63

ARTICLE VI ASSISTANCE AND PROTECTION AGAINST BIOLOGICAL AND TOXIN WEAPONS 64

ARTICLE VII SCIENTIFIC AND TECHNOLOGICAL EXCHANGE FOR PEACEFUL PURPOSES AND TECHNICAL COOPERATION 67

ARTICLE VIII CONFIDENCE-BUILDING MEASURES 76

ARTICLE IX [THE ORGANIZATION] [AND IMPLEMENTATIONAL ARRANGEMENTS] 77

ARTICLE X NATIONAL IMPLEMENTATION MEASURES 92

ARTICLE XI RELATIONSHIP OF THE PROTOCOL TO THE BTWC AND OTHER INTERNATIONAL AGREEMENTS 93

ARTICLE XII SETTLEMENT OF DISPUTES 94

ARTICLE XIII REVIEW OF THE PROTOCOL 96

ARTICLE XIV AMENDMENTS 97

BWC/AD HOC GROUP/39
Annex 1
Page 8

ARTICLE XV DURATION AND WITHDRAWAL 99

ARTICLE XVI STATUS OF THE ANNEXES AND APPENDICES 100

ARTICLE XVII SIGNATURE 8 101

ARTICLE XVIII RATIFICATION 102

ARTICLE XIX ACCESSION 103

ARTICLE XX ENTRY INTO FORCE 104

ARTICLE XXI RESERVATIONS 105

ARTICLE XXII DEPOSITARY/IES 106

ARTICLE XXIII AUTHENTIC TEXTS 107

ANNEXES

A.
I
II
III
IV
V
VI DECLARATIONS
[DEFINITIONS]
LISTS AND CRITERIA (AGENTS AND TOXINS)
LIST OF EQUIPMENT
[THRESHOLDS]
PROGRAMMES AND FACILITIES
DECLARATION FORMATS 110
110
117
128
133
138
139

B. [[RANDOM] [AND CLARIFICATION] VISITS] 140

C. [MEASURES TO STRENGTHEN THE
IMPLEMENTATION OF ARTICLE III] 146

D. INVESTIGATIONS 147

I. GENERAL PROVISIONS 147

II. [FIELD INVESTIGATIONS] [INVESTIGATIONS OF ALLEGED USE OF BW] 160

III. [FACILITY INVESTIGATIONS] [INVESTIGATIONS OF ANY OTHER ALLEGED BREACH OF OBLIGATIONS UNDER THE PROVISIONS OF THE CONVENTION] 174

IV. [INVESTIGATIONS WHERE THERE IS A CONCERN
THAT A TRANSFER HAS TAKEN PLACE IN
VIOLATION OF ARTICLE III OF THE CONVENTION] 186

BWC/AD HOC GROUP/39
Annex 1
Page 9

E. CONFIDENTIALITY PROVISIONS 187

I. GENERAL PRINCIPLES FOR THE HANDLING
OF CONFIDENTIAL INFORMATION 187

II. CONDITIONS OF STAFF EMPLOYMENT RELATING TO THE PROTECTION OF CONFIDENTIAL INFORMATION 193

III. MEASURES [TO PROTECT CONFIDENTIAL
INFORMATION IN THE COURSE OF ON-SITE
ACTIVITIES] [TO ENSURE THE PROTECTION OF CONFIDENTIAL INFORMATION MADE AVAILABLE TO INVESTIGATING OR VISITING TEAMS WHILE THEY
ARE ON THE TERRITORY OF THE INVESTIGATED OR VISITED STATE PARTY] 195

IV. PROCEDURES IN CASE OF BREACHES OR ALLEGED BREACHES OF CONFIDENTIALITY 197

V. APPROPRIATE PROCEDURES TO PROTECT CONFIDENTIALITY [OF DECLARATIONS] 200

VI. PROCEDURES FOR ARCHIVING OF CONFIDENTIAL INFORMATION 202

F.
SCIENTIFIC AND TECHNOLOGICAL EXCHANGE FOR PEACEFUL PURPOSES AND TECHNICAL COOPERATION
203

G. CONFIDENCE-BUILDING MEASURES 204

I. SURVEILLANCE OF PUBLICATIONS 204

II. SURVEILLANCE OF LEGISLATION 206

III. DATA ON TRANSFERS AND TRANSFER REQUESTS
AND ON PRODUCTION 208

IV. MULTILATERAL INFORMATION SHARING 210

V. EXCHANGE VISITS (INTERNATIONAL
ARRANGEMENTS AND OFF-SITE VISITS) 214

VI. CONFIDENCE-BUILDING VISITS 16

H. THE [TECHNICAL] SECRETARIAT [TECHNICAL BODY] 221

APPENDICES

A. [INFORMATION TO BE PROVIDED IN DECLARATIONS OF
[BIOLOGICAL] DEFENCE PROGRAMMES [AGAINST
BIOLOGICAL WEAPONS]] 232

B. INFORMATION TO BE PROVIDED IN DECLARATIONS OF
FACILITIES TAKING PART IN [BIOLOGICAL] DEFENCE
PROGRAMMES [AGAINST BIOLOGICAL WEAPONS] 234

BWC/AD HOC GROUP/39
Annex 1
Page 10

C. INFORMATION TO BE PROVIDED IN DECLARATIONS OF
PAST BIOLOGICAL AND TOXIN OFFENSIVE AND/OR
DEFENSIVE RESEARCH AND DEVELOPMENT PROGRAMMES 237

D. [INFORMATION TO BE PROVIDED IN DECLARATIONS OF OTHER FACILITIES] 238

ATTACHMENT

BWC/AD HOC GROUP/WP.262 250

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		Page
PREAMBLE		11
ARTICLE I	GENERAL PROVISIONS	15
ARTICLE II	[DEFINITIONS]	16
ARTICLE III	COMPLIANCE MEASURES A. [LISTS AND CRITERIA (AGENTS AND TOXINS)] B. [EQUIPMENT] C. [THRESHOLDS] D. DECLARATIONS E. CONSULTATION, CLARIFICATION AND COOPERATION F. [VISITS AND INVESTIGATIONS]	23 23 24 25 27 35 38
ARTICLE IV	CONFIDENTIALITY PROVISIONS	60
ARTICLE V	MEASURES TO REDRESS A SITUATION AND TO ENSURE COMPLIANCE	63
ARTICLE VI	ASSISTANCE AND PROTECTION AGAINST BIOLOGICAL AND TOXIN WEAPONS	64
ARTICLE VII	SCIENTIFIC AND TECHNOLOGICAL EXCHANGE FOR PEACEFUL PURPOSES AND TECHNICAL COOPERATION	67
ARTICLE VIII	CONFIDENCE-BUILDING MEASURES	76
ARTICLE IX	[THE ORGANIZATION] [AND IMPLEMENTATIONAL ARRANGEMENTS]	77
ARTICLE X	NATIONAL IMPLEMENTATION MEASURES	92
ARTICLE XI	RELATIONSHIP OF THE PROTOCOL TO THE BTWC AND OTHER INTERNATIONAL AGREEMENTS	93
ARTICLE XII	SETTLEMENT OF DISPUTES	94
ARTICLE XIII	REVIEW OF THE PROTOCOL	96
ARTICLE XIV	AMENDMENTS	97

ARTICLE XV	DURATION AND WITHDRAWAL	99
ARTICLE XVI	STATUS OF THE ANNEXES AND APPENDICES	100
ARTICLE XVII	SIGNATURE 8	101
ARTICLE XVIII	RATIFICATION	102
ARTICLE XIX	ACCESSION	103
ARTICLE XX	ENTRY INTO FORCE	104
ARTICLE XXI	RESERVATIONS	105
ARTICLE XXII	DEPOSITARY/IES	106
ARTICLE XXIII	AUTHENTIC TEXTS	107
ANNEXES
A. I II III IV V VI	DECLARATIONS [DEFINITIONS] LISTS AND CRITERIA (AGENTS AND TOXINS) LIST OF EQUIPMENT [THRESHOLDS] PROGRAMMES AND FACILITIES DECLARATION FORMATS	110 110 117 128 133 138 139
B.	[[RANDOM] [AND CLARIFICATION] VISITS]	140
C.	[MEASURES TO STRENGTHEN THE IMPLEMENTATION OF ARTICLE III]	146
D.	INVESTIGATIONS	147
I.	GENERAL PROVISIONS	147
II.	[FIELD INVESTIGATIONS] [INVESTIGATIONS OF ALLEGED USE OF BW]	160
III.	[FACILITY INVESTIGATIONS] [INVESTIGATIONS OF ANY OTHER ALLEGED BREACH OF OBLIGATIONS UNDER THE PROVISIONS OF THE CONVENTION]	174
IV.	[INVESTIGATIONS WHERE THERE IS A CONCERN THAT A TRANSFER HAS TAKEN PLACE IN VIOLATION OF ARTICLE III OF THE CONVENTION]	186

E.	CONFIDENTIALITY PROVISIONS	187
I.	GENERAL PRINCIPLES FOR THE HANDLING OF CONFIDENTIAL INFORMATION	187
II.	CONDITIONS OF STAFF EMPLOYMENT RELATING TO THE PROTECTION OF CONFIDENTIAL INFORMATION	193
III.	MEASURES [TO PROTECT CONFIDENTIAL INFORMATION IN THE COURSE OF ON-SITE ACTIVITIES] [TO ENSURE THE PROTECTION OF CONFIDENTIAL INFORMATION MADE AVAILABLE TO INVESTIGATING OR VISITING TEAMS WHILE THEY ARE ON THE TERRITORY OF THE INVESTIGATED OR VISITED STATE PARTY]	195
IV.	PROCEDURES IN CASE OF BREACHES OR ALLEGED BREACHES OF CONFIDENTIALITY	197
V.	APPROPRIATE PROCEDURES TO PROTECT CONFIDENTIALITY [OF DECLARATIONS]	200
VI.	PROCEDURES FOR ARCHIVING OF CONFIDENTIAL INFORMATION	202
F.	SCIENTIFIC AND TECHNOLOGICAL EXCHANGE FOR PEACEFUL PURPOSES AND TECHNICAL COOPERATION	203
G.	CONFIDENCE-BUILDING MEASURES	204
I.	SURVEILLANCE OF PUBLICATIONS	204
II.	SURVEILLANCE OF LEGISLATION	206
III.	DATA ON TRANSFERS AND TRANSFER REQUESTS AND ON PRODUCTION	208
IV.	MULTILATERAL INFORMATION SHARING	210
V.	EXCHANGE VISITS (INTERNATIONAL ARRANGEMENTS AND OFF-SITE VISITS)	214
VI.	CONFIDENCE-BUILDING VISITS	16
H.	THE [TECHNICAL] SECRETARIAT [TECHNICAL BODY]	221
APPENDICES
A.	[INFORMATION TO BE PROVIDED IN DECLARATIONS OF [BIOLOGICAL] DEFENCE PROGRAMMES [AGAINST BIOLOGICAL WEAPONS]]	232
B.	INFORMATION TO BE PROVIDED IN DECLARATIONS OF FACILITIES TAKING PART IN [BIOLOGICAL] DEFENCE PROGRAMMES [AGAINST BIOLOGICAL WEAPONS]	234

C.	INFORMATION TO BE PROVIDED IN DECLARATIONS OF PAST BIOLOGICAL AND TOXIN OFFENSIVE AND/OR DEFENSIVE RESEARCH AND DEVELOPMENT PROGRAMMES	237
D.	[INFORMATION TO BE PROVIDED IN DECLARATIONS OF OTHER FACILITIES]	238
ATTACHMENT
	BWC/AD HOC GROUP/WP.262	250