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Working Paper by Friend of the Chair on Measures Related to Article X : Scientific and Technological Exchange for Peaceful Purposes and Technical Cooperation (WP.259.Rev.1)

The full text of this Working Paper is provided below; this is from the 9th Session of the Ad Hoc Group of States Parties.  Please note: the page numbers given are those which appear in the original text.  

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AD HOC GROUP OF THE STATES PARTIES
TO THE CONVENTION ON THE PROHIBITION
OF THE DEVELOPMENT, PRODUCTION AND
STOCKPILING OF BACTERIOLOGICAL
(BIOLOGICAL) AND TOXIN WEAPONS
AND ON THEIR DESTRUCTION

BWC/AD HOC GROUP/WP.259/Rev.1
26 January 1998

Original: ENGLISH

Ninth session
Geneva, 5-23 January 1998

Working paper submitted by the Friend of the Chair
on Measures Related to Article X

Revision

ARTICLE VII

SCIENTIFIC AND TECHNOLOGICAL EXCHANGE FOR
PEACEFUL PURPOSES AND TECHNICAL COOPERATION

(A) [GENERAL PROVISIONS]47

[The objective of this Protocol, to be pursued in accordance with its relevant provisions, is to strengthen the Convention, and to ensure compliance with all the provisions of the Convention, through appropriate measures, including measures for [effective verification of compliance,] [effective implementation of the Convention] and [, in addition,] to provide a forum for consultation and cooperation, in matters to promote the peaceful uses, scientific and technological exchanges and transfers relating to the Convention, among the States Parties to the Protocol]48]49

1. Each State Party to the Protocol undertakes to fulfil its obligations in a manner that [ensures compliance] [enhances compliance] with the provisions of [the Convention] [including] [in particular] [Article X] [Article X of the Convention].

[To that end, the States Parties to the Protocol shall:

(a) Cooperate, as appropriate, on a global, regional, or bilateral basis, directly or through the institutional mechanisms provided for under this Protocol, in order to [comply] [enhance compliance] with the provisions of Article X of the Convention;

(b) Foster international cooperation in the field of peaceful bacteriological (biological) activities, including the exchange of bacteriological (biological) agents and toxins for peaceful purposes in accordance with the provisions of the Convention;

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(c) Avoid hampering the economic and technological development of States Parties, in particular of developing countries which are States Parties.]

2. [The economic and social development of all States Parties shall include the requirement for multilaterally negotiated, universal, comprehensive and non-discriminatory sensitive technology transfer agreements.]

(B) MEASURES TO PROMOTE SCIENTIFIC AND TECHNOLOGICAL EXCHANGES

3. Each State Party to the Protocol undertakes :

To implement specific measures in order to ensure that:

(a) The provisions of Article X of the Convention on the [transfer and] exchange of materials, equipment and technology for peaceful purposes are fully and effectively implemented;

(b) Transfers of materials, equipment and technology of concern take place [only] in [full] compliance with [all] the provisions of [Article III and] [Article X] of the Convention [and its Protocol].50

[Each State Party shall declare annually the measures taken individually or together with other States and international organizations in implementing Article X of the Convention.]

4. Taking into account existing agreements and competences of the relevant international organizations and bearing in mind the need to avoid duplicating existing activities, [mechanisms] [and programmes], [not contrary to the purposes and the objectives of the Convention and its Protocol], each State Party shall [endeavour to] promote and implement cooperative measures, directly [or through the institutional mechanisms provided for under this Protocol], inter alia, by:

[(a) [Participating in a wider exchange of information] [reporting] on all aspects concerning the peaceful use of the biosciences, biotechnology and genetic engineering,51 and

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encouraging the dissemination of results in the fields of biological research and high technology in areas directly relevant to the objectives of the Convention;

(b) Promoting the publication, exchange and dissemination of information concerning current research programmes in the biosciences, and on research centres, and other scientific and technological developments and activities of relevance to the Convention;

(c) Promoting the establishment and assisting the activities of [national centres and] research institutes for the examination of biological agents and toxins, and disseminating knowledge about examination and identification techniques, laboratory safety, vaccine production, and other research projects in the biosciences;

(d) Supporting the establishment, operation and updating of biological data bases, in the collection and dissemination of information relevant to the Convention;

(e) Promoting public health, as well as [surveillance,] diagnosis, prevention and control of outbreaks of diseases, including exploring means to improve international cooperation on the development and production of vaccines;

(f) Coordinating, to the extent possible, national, regional and multilateral activities and programmes in the relevant fields using existing mechanisms and structures [and including, the institutional mechanisms provided for in this Protocol];

[(g) Assisting in the establishment of [and participating in the functioning of] an international system for the global monitoring of emerging diseases in humans, animals and plants;]

(h) Promoting transfer of technology for peaceful use of genetic engineering and other scientific and technical developments and high technology relevant to the Convention;

(i) Concluding bilateral, regional and multilateral agreements on a [mutually advantageous], equal and non-discriminatory basis, for their participation in the development and application of biotechnology and in the development of scientific discoveries in the field of bacteriology (biology) for the prevention of diseases;

[(j) Promoting programmes for the development of human resources in the biological field, including training expert personnel in biodefence activities;]

[(k) Making available on request, under fair and equitable commercial terms, instruments, equipment and technologies in the field of biodefence activities;]

[(l) Promoting collaborative research and development projects and joint ventures in biodefence activities, particularly related to recombinant vaccine development and diagnostics systems;]

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(m) [Ensuring that, based on equal rights and obligations, and a mutuality of interests, appropriate measures designed to promote transparency and compliance with the objectives of the BTWC, also provide incentives and benefits for all States Parties to the Protocol.]]

5. Each State Party to the Protocol undertakes:

(a) [Immediately after the entry into force of the Protocol, [to consider ways and means] to strengthen the States Parties' biological defence capabilities, including by the elaboration of guiding principles and possible scope of measures for States Parties to cooperate in useful exchanges intended to provide a sufficient degree of transparency and contribute to the effective functioning of the compliance regime established by this Protocol;]

(b) To provide or support assistance, through appropriate measures, including a voluntary fund, to any State Party to this Protocol which has been exposed to [danger] [the use or threat of use of biological and toxin weapons] as a result of a violation of the BTWC or of the provisions of this Protocol. [Pending consideration of a decision by] [a politically representative body] [the BTWCO] [the Security Council in conformity with Article VII of the Convention], timely emergency assistance could be provided by States Parties if requested, including assistance provided through the above-mentioned voluntary fund and in coordination with competent international organizations such as the WHO.52

(C) MEASURES TO AVOID HAMPERING THE ECONOMIC AND TECHNOLOGICAL DEVELOPMENT OF STATES PARTIES

6. [Each State Party to [this Convention] [the Protocol] shall:

(a) Have the right, individually or collectively, to conduct research with, to develop, produce, acquire, retain, transfer and use biological agents and toxins for peaceful purposes;

(b) Undertake to facilitate, and have the right to participate in the fullest possible exchange of equipment, materials and scientific and technological information for the use of bacteriological (biological) agents and toxins for peaceful purposes;

(c) Not maintain among themselves any restrictions, including those in any international agreements, which would restrict or impede trade and development and promotion of scientific and technological knowledge in the field of biology, genetic engineering, microbiology and other related areas for peaceful purposes;

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(c) bis [Undertake not to impose or maintain any discriminatory measure, [incompatible with the obligations undertaken under the Convention,] which would restrict or impede trade and the development and promotion of scientific and technological knowledge, in particular in the fields of biological research, including microbiological, biotechnology, genetic engineering, and their industrial, agricultural, medical, pharmaceutical, public health applications, and other peaceful uses;]

(c) ter [Only establish among themselves guidelines to regulate the free flow of equipment, materials and scientific and technological information in the biological field as provided under Part ... of this Protocol;]

(c) quater [Only maintain among themselves restrictions of the free flow of equipment, materials, and scientific and technological information in the biological field that are consistent with the BTWC and subject to [the relevant] [all] [specific] provisions of this Protocol;]

(d) Not use this Convention [this Protocol] as grounds for applying any measures other than those provided or permitted, under this Convention [this Protocol] nor use any other international agreement for pursuing an objective inconsistent with this Convention [this Protocol];

(d) bis [Not use the provisions [of the Convention or] of this Protocol to impose restrictions and/or limitations on transfers consistent with the objectives and provisions of the Convention on scientific knowledge, technology, equipment and materials;]

(e) [Undertake to review their existing national trade regulations in the field of biology, genetic engineering, microbiology and other related areas for peaceful purposes in order to render them consistent with the object and purpose of the Convention.]]

7. The States Parties shall [report periodically through the institutional mechanisms, provided for in this Protocol, on specific measures they have taken in order to comply with the provisions of Article X of the Convention [with the aim of increasing and widening such exchanges and transfers [of bacteriological (biological)-related materials, equipment and technologies for peaceful purposes], for the benefit of all States Parties to the Protocol, and in particular the developing countries which are States Parties]. These reports shall be examined by those institutional mechanisms with the aim of making recommendations to States Parties for the effective implementation of Article X of the Convention.]53

[Each State Party shall have the right to declare any restrictions, in non-compliance with the obligations under Article X, on the transfer of biological materials, equipment and technology for peaceful purposes.]

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(D) [INSTITUTIONAL MECHANISMS AND] INTERNATIONAL COOPERATION54

[[8. The BTWC Organization shall develop a framework for activities aimed at providing assistance to the States Parties [to the Protocol], and in particular to the developing countries being States Parties [to the Protocol]. Taking full account of existing agreements and competences of the relevant international organizations, and bearing in mind the need to avoid [duplication] [duplicating existing activities and mechanisms] [the following should, inter alia, be considered by the States Parties directly or through a future institutional mechanism] [the BTWCO shall ensure, through its own institutional framework [or directly by States Parties,] provision of the following]:

(a) Assistance to States Parties, if requested, for the establishment and

functioning of national authorities;

(b) Assistance to States Parties, if requested, for the preparation of declarations required under the provisions of this Protocol;

(c) Assistance to States Parties, if requested, in drawing up internal legislation necessary under the provisions of this Protocol;

(d) [Promotion and financing of the establishment of vaccine production facilities, particularly in developing countries [which are States Parties to the Protocol]];

(e) [If requested and in the context of visits to States Parties:]55

(i) Exchange of information and provision of expert advice, assistance and appropriate recommendations on biological practices;

(ii) Information sharing concerning cooperative programmes in biosafety, identification of agents, diagnostics and the development of innovative vaccines, aimed at being low-cost products, safe and usable under difficult conditions;

[(f) Establish an international information exchange network using modern communication media which facilitates the possibility of continuous participation by national experts of the States Parties in the Organization's activities;]

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(g) Convening national or regional seminars with a view to optimizing cooperation and developing a long-term programme of exchanges on scientific developments, [including the biodefence activities for peaceful purposes,] and internships;

(h) Creating [a framework for donor countries], [including a [voluntary fund]] [to support an international system for the global monitoring of emerging diseases in humans, animals and plants, and] additional assistance for training of expert personnel and for the financing of scientific and technical cooperation and assistance projects.

9. [The BTWCO shall establish a cooperative relationship, maintain working ties and when necessary conclude agreements and arrangements pursuant to [paragraph 22 (i) and 34 (l) of Article IX] and develop joint programmes with relevant organizations, bearing in mind the need to avoid duplicating existing activities and mechanisms; [including [OPCW] WHO, FAO, IOE, UNIDO, ICGEB, UNEP and other agencies engaged in the implementation of Agenda 21 and the Convention on Biological Diversity (CDB)] in order to, inter alia:]56

(a) Derive the greatest [possible synergy] [benefits] in such fields as:

(i) The collection and dissemination of information on listed pathogens;

(ii) Sharing information on environmental release of genetically modified organisms;

(iii) Good manufacturing practices (GMP), good laboratory practice (GLP), biological containment and other biosafety regulations and practices;

(iv) Facilitation of remote access to databanks and various tools of electronic communication;

(b) Maintain a record of cooperative activities promoted by international organizations in areas relevant to the Convention, to raise awareness of and facilitate access to those activities by States Parties to the Protocol, and coordinate with those organizations its own promotional activities;

(c) Support a framework for multilateral cooperation, including exchange of information among scientists and technologists from States Parties to the [Protocol], with the aim to, inter alia:

(i) Utilize the scientific and technological capabilities, experience and know-how of States Parties to the [Protocol];

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(ii) Facilitate harmonisation of relevant existing national regulatory and administrative procedures;

(iii) Assist developing countries which are States Parties to the [Protocol] in strengthening their scientific and technological capabilities in the biosciences, genetic engineering and biotechnology.]

10. The Organization, [based upon] [after] its consultations with other relevant international organizations, shall make recommendations, as appropriate, to States Parties and to international organizations as to how the objectives of [Article X of the Convention] [this Article] might be furthered through the activities of those organizations for the benefit of States Parties to the Protocol.

11. [The Organization shall contain a department devoted to the implementation of [Article X of the Convention] [and] [this Article]].

(E) [SAFEGUARDS AND LIMITATIONS57

12. The States Parties to the Protocol [are encouraged] [shall], to the extent possible and in line with the provisions of the Convention [and the Protocol], [to] promote transparency and openness in their research activities.

13. [The States Parties to the Protocol [should] [shall] take all practicable measures to prevent [that] the [misuse] [application] of scientific and technological research in areas associated with the Convention [designed to produce] [may benefit or induce] [the production of] [any kind of qualitative improvement in the field of] biological and toxin weapons.]

14. The States Parties to the Protocol, aware of the vast knowledge arising from new discoveries, inter alia, in microbiology, genetic engineering and biotechnology, [should] [shall] take all practicable safety precautions, including the bioethical dimension in those precautions, to protect populations and the environment in relation to activities not prohibited by the Convention.

15. [The States Parties to this Protocol] [shall comply with safety and immunization measures, and with legislative and administrative measures [established by other States]] [undertake to comply as fully as possible with the safety regulations of relevant international organizations for the security and physical protection of research centres, laboratories and facilities intended to be used for scientific and technical exchanges.]]

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(F) [ … ]

16. In [fulfilling the obligations of] [implementing] this Article, [each State Party] [the States Parties to the Protocol] shall [take into consideration international law relating to the protection of commercial and proprietary information] [protect commercial and proprietary information and national security information].

17. [States Parties shall [report periodically through the institutional mechanisms, provided for in this Protocol], on specific measures they have taken [individually or together with other States and international organizations] in order to comply with the provisions of Article X of the Convention [with the aim of increasing and widening such exchanges and transfers [of bacteriological (biological)-related materials, equipment and technologies for peaceful purposes], for the benefit of all States Parties [to the Protocol], and in particular the developing countries which are States Parties]. These reports shall be examined [by those institutional mechanisms] with the aim of making recommendations to States Parties for the effective implementation of Article X of the Convention.]58

Notes

47. The location of this section with its current language need further consideration.

48. Determination will have to be made as to whether to use the expression "Each State Party", "States Parties to the Protocol" or "States Parties to the Convention", in light of the legal implications involved, wherever these expressions appear throughout this section.

49. A number of delegations asked for this paragraph to be moved to the separate Article entitled "General Provisions".

50. This issue is elaborated by some delegations in WP.232.

51. The extent of information provided under these obligations will need further elaboration.

52. Certain points contained in this paragraph are also being examined under Article VI (Assistance and protection against biological and toxin weapons). Careful consideration is needed in order to avoid overlaps.

53. Final location of this paragraph is still to be decided.

54. Reference to the "BTWC Organization" does not prejudge its eventual existence, structure or functions.

55. Given that the question of a possible cooperative role for visits is also being considered under compliance measures, the issue needs further consideration.

56. This paragraph could be moved to a section on general powers and functions of the Organization.

57. There were proposals to the effect of deleting this section or moving it to another part of the Protocol that might deal with BTWC Article III matters. However, it was also pointed out that this section had no relevance with regard to Article III provisions of the Convention.

58. Final location of this paragraph is still to be decided.

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