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Rolling text : Article VIII and Article IX
Ad Hoc Group 11th Session
Article VIII and Article IX of the Rolling Text from BWC/AD HOC GROUP/41 are provided below. This material is from the 11th Session of the Ad Hoc Group of States Parties to the Convention.
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BWC/AD HOC GROUP/41
Annex I
page 89
ARTICLE VIII
CONFIDENCE-BUILDING MEASURES
BWC/AD HOC GROUP/41
Annex I
page 90
ARTICLE IX
[[THE ORGANIZATION] [AND IMPLEMENTATIONAL ARRANGEMENTS]
(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") in order to strengthen the effectiveness and improve the implementation [and to promote the object and purpose] of the BTWC [[and to ensure] [through] the implementation of] [and to implement] this Protocol [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] [Consultative] [Council] and the Technical [Secretariat] [Body].]
5. Each State Party shall cooperate with [the Organization] [the [Executive] [Consultative] [Council] and the Technical [Secretariat] [Body]] in the exercise of [its] [their] functions in accordance with this Protocol. States Parties shall consult directly among themselves or through [the Organization] [the Technical [Secretariat] [Body] or other appropriate international procedures, including procedures within and in accordance with the Charter of the United Nations], on any matter which may be raised relating to [the goal and purpose of the Convention or] the implementation of this Protocol.
[6. The United Nations Security Council shall, in considering complaints of suspected breaches of the Convention and conducting investigations, bear in mind the provisions of the Convention and the procedures laid down in this Protocol.]
[7. 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.]72
BWC/AD HOC GROUP/41
Annex I
page 91
[7 bis The Organization, as an independent body, shall seek to utilize existing expertise and facilities, as appropriate, and to maximize cost efficiencies, through cooperative arrangements with other international organizations such as ... . Such arrangements, excluding those of a minor and normal commercial and contractual nature, shall be set out in agreements to be submitted to the Conference of the States Parties for approval.]
8. [The costs of the activities of the Organization] [The expenses of implementing this Protocol] shall be met annually by [States] [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] [body of States Parties to this Protocol].
9. 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] [the Conference or the [Executive] [Consultative] [Council]] if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The Conference of the States Parties may, nevertheless, permit such a [member] [State Party] to vote if it is satisfied that the failure to pay is due to [conditions beyond the control of the member].
(B) THE CONFERENCE OF THE STATES PARTIES
Composition, procedures and decision-making
10. 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.
11. 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.
12. The Conference shall meet in regular sessions, which shall be held annually, unless it decides otherwise.
13. A special session of the Conference shall be convened:
(a) When decided by the Conference;
(b) When requested by the [Executive] [Consultative] [Council]; or
(c) When requested by any State Party and supported by a majority of the States Parties.
The special session shall be convened no later than 30 days after the decision of the Conference, the request of the [Executive] [Consultative] [Council], or the attainment of the necessary support, unless specified otherwise in the decision or request.
BWC/AD HOC GROUP/41
Annex I
page 92
14. The Conference may also be convened in the form of a Review Conference, in accordance with Article ... .
15. The Conference may also be convened in the form of an Amendment Conference, in accordance with Article ... .
16. Sessions shall take place at the seat of the Organization unless the Conference decides otherwise.
17. 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.
18. A majority of the States Parties shall constitute a quorum.
19. Each State Party shall have one vote.
20. 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 two-thirds 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.
[21. When exercising its function under paragraph 24 (m) the Conference shall take a decision to add any State to the list of States contained in Annex ... to this Protocol in accordance with the procedure for decisions on matter of substance set out in paragraph 20. Notwithstanding paragraph 20, the Conference shall take decisions on any other change to Annex ... to this Protocol by consensus.]
Powers and functions
22. 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] [Consultative] [Council] and the Technical [Secretariat] [Body], 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] [Consultative] [Council].
BWC/AD HOC GROUP/41
Annex I
page 93
23. 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] [Consultative] [Council] and the Technical [Secretariat] [Body] and may issue guidelines to either of them for the exercise of their functions.
[24. 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] [Consultative] [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 8;
(c) Elect the members of the [Executive] [Consultative] [Council];
(d) Appoint the Director-General of the Technical [Secretariat] [Body] (hereinafter referred to as "the Director-General") upon the recommendation of the [Executive] [Consultative] [Council];
(e) Consider and approve the rules of procedure of the [Executive] [Consultative] [Council] submitted by the latter;
(f) Consider and review scientific and technological developments that could affect the operation of this Protocol [and, where necessary, establish such subsidiary bodies, inter alia, to advise it on scientific and technological matters, as are considered necessary for implementation of this Protocol] [and, in this context, establish a Scientific Advisory Board to render specialized advice in areas of science and technology relevant to this Protocol to the Conference, the [Executive] [Consultative] [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]];
(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] [Body] with States Parties, other States and international organizations to be
BWC/AD HOC GROUP/41
Annex I
page 94
concluded by the [Executive] [Consultative] [Council] on behalf of the Organization in accordance with paragraph 37 (n);
(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 scientific and technological exchange for peaceful purposes] with States Parties in the field of bacteriological (biological) activities;
[(m) Update Annex ... to this Protocol, as appropriate, in accordance with paragraph 21.]]
[(C) THE [EXECUTIVE] [CONSULTATIVE] [COUNCIL]73
Composition, procedures and decision-making
A
[25. The [Executive] [Consultative] [Council] shall consist of ... members. Each State Party shall have the right, in accordance with the principle of rotation, to serve on the [Executive] [Consultative] [Council]. The members of the [Executive] [Consultative] [Council] shall be elected by the Conference for a term of two years. In order to ensure the effective functioning of this Protocol, due regard being specially paid to equitable geographical distribution, to the [importance of the pharmaceutical and biotechnological industry], as well as to [political and security interests], the [Executive] [Consultative] [Council] shall be composed as follows:
(a) ¼ States Parties from Africa to be designated by States Parties located in this region. As a basis for designation from ... it is understood that, out of these ... States Parties, ¼ members shall, as a rule, be the States Parties with the most significant national pharmaceutical and biotechnological industry in the region as determined by internationally reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating these ... members;
(b) ¼ States Parties from Asia to be designated by States Parties located in this region. As a basis for designation from ... it is understood that, out of these ... States Parties, ¼ members shall, as a rule, be the States Parties with the most significant national pharmaceutical and biotechnological industry in the region as determined by internationally
BWC/AD HOC GROUP/41
Annex I
page 95
reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating these ... members;
(c) ¼ States Parties from Eastern Europe to be designated by States Parties located in this region. As a basis for designation from ... it is understood that, out of these ... States Parties, ¼ members shall, as a rule, be the States Parties with the most significant national pharmaceutical and biotechnological industry in the region as determined by internationally reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating these ... members;
(d) ¼ States Parties from Latin America to be designated by States Parties located in this region. As a basis for designation from ... it is understood that, out of these ... States Parties, ¼ members shall, as a rule, be the States Parties with the most significant national pharmaceutical and biotechnological industry in the region as determined by internationally reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating these ... members;
(e) ¼ States Parties from among Western European and Other States to be designated by States Parties located in this region. As a basis for designation from ... it is understood that, out of these ... States Parties, ¼ members shall, as a rule, be the States Parties with the most significant national pharmaceutical and biotechnological industry in the region as determined by internationally reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating these ... members.
26. For the first election of the [Executive] [Consultative] [Council] ¼ members shall be elected for a term of one year, due regard being paid to the established numerical proportions as described in paragraph 25.]
B
[25. The [Executive] [Consultative] [Council] shall consist of [...] members [including the Depositary States of the Convention]. Each State Party shall have the right, in accordance with the provisions of this Article, to serve on the [Executive] [Consultative] [Council]. The members of the [Executive] [Consultative] [Council] shall be elected by the Conference.]
[26. Taking into account the need for [equitable geographical distribution], the [Executive] [Consultative] [Council] shall comprise:
[(a) ... States Parties from Africa;
(b) ... States Parties from Asia;
(c) ... States Parties from Eastern Europe;
(d) ... States Parties from Latin America and the Caribbean; and
(e) ... States Parties from among Western European and other States.]
BWC/AD HOC GROUP/41
Annex I
page 96
[(a) ... States Parties from Africa;
(b) ... States Parties from Eastern Europe;
(c) ... States Parties from Latin America and the Caribbean;
(d) ... States Parties from the Middle East and South Asia;
(e) ... States Parties from North America and Western Europe; and
(f) ... States Parties from South-East Asia, the Pacific and the Far East.]]
[27. All States in each of the geographical regions are listed in Annex [...] to this Protocol. Annex [...] to this Protocol shall be updated, as appropriate, by the Conference in accordance with [...]. It shall not be subject to amendments or changes under the procedures contained in Article XIV.]
[28. As a basis for designation from ... it is understood that, out of these ... States Parties, ... members shall, as a rule, be the States Parties with the most significant national pharmaceutical and biotechnological industry in the region as determined by internationally reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating these ... members.]
[28 bis [Each geographical region] shall designate States from that region for election as members of the [Executive] [Consultative] [Council] as follows:
[(a) At least [1/3] of the seats allocated to each geographical region shall be filled [, taking into account political and security interests,] by States Parties in that region designated on the basis of [the significance of their national pharmaceutical and biotechnological industry in the region as determined by international data as well as all or] any of the following indicative criteria in the order of priority determined by each region:
(i) The number of declared facilities;[(ii) [Special] knowledge and experience in the field of [authorized] biological activities [directly relevant to] [not prohibited by] the Convention;]
[(iii) Contribution to the annual budget of [the Organization];]
[(b) One of the seats allocated to each geographical region shall be filled on the basis of rotation by the State Party which is first in English alphabetical order among the States Parties of that region which have not served on the [Executive] [Consultative] [Council] for the longest period of time since becoming States Parties or since last holding office, whichever is the shorter. The State Party so designated may decide not to take up its seat. In that event the seat shall be filled by the next State Party listed in accordance with this subparagraph;]
BWC/AD HOC GROUP/41
Annex I
page 97
(c) The remaining seats allocated to each geographical region shall be filled by States Parties designated from among all the States Parties in that region by rotation or elections.]]
29. Each member of the [Executive] [Consultative] [Council] shall have one representative on the [Executive] [Consultative] [Council], who may be accompanied by alternates and advisers.
30. Each member of the [Executive] [Consultative] [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] [Consultative] [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 28.
31. The [Executive] [Consultative] [Council] shall elaborate its rules of procedure and submit them to the Conference for approval.
32. The [Executive] [Consultative] [Council] shall elect its Chairman from among its members.
33. The [Executive] [Consultative] [Council] [shall meet for regular sessions. Between regular sessions it] shall meet as may be required for the fulfilment of its powers and functions.
34. Each member of the [Executive] [Consultative] [Council] shall have one vote.
35. The [Executive] [Consultative] [Council] shall take decisions on matters of procedure by a majority of all its members. The [Executive] [Consultative] [Council] shall take decisions on matters of substance by a two-thirds 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.
Powers and functions
36. The [Executive] [Consultative] [Council] shall [be the executive organ of the Organization. It shall carry out] [exercise] the powers and functions entrusted to it in accordance with this Protocol. It shall be responsible to the Conference. In so doing, it shall act in conformity with the recommendations, decisions and guidelines of the Conference and ensure their proper and continuous implementation.
37. The [Executive] [Consultative] [Council] shall:
(a) Promote effective implementation of, and compliance with, this Protocol;
BWC/AD HOC GROUP/41
Annex I
page 98
(b) Supervise the activities of the Technical [Secretariat] [Body];
(c) Supervise the [implementation of the scientific and technological exchange] [implementation assistance] and technical cooperation activities and measures stipulated in Article ...;
(d) Facilitate cooperation among States Parties, and between States Parties and the Technical [Secretariat] [Body], relating to the implementation of this Protocol through information exchanges;
(e) Facilitate, as appropriate, 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 [and in considering a request for an investigation to address a non-compliance concern in accordance with Article III, part F, decide whether to conduct an on-site investigation];
(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 requests for, and reports on, visit[s] 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 [and submit for consideration to the Conference] any new operational manuals and any changes to the existing operational manuals that may be proposed by the Technical [Secretariat] [Body].]
38. The [Executive] [Consultative] [Council] may request a special session of the Conference.
BWC/AD HOC GROUP/41
Annex I
page 99
[39. The [Executive] [Consultative] [Council] shall consider concerns raised by a State Party regarding compliance and cases of non-compliance and abuse of the rights established by this Protocol. In doing so, the [Executive] [Consultative] [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] [Consultative] [Council] considers further action to be necessary, it shall take, inter alia, one or more of the following measures:]
[39 bis In considering doubts or concerns about compliance or cases of non-compliance, including, inter alia, abuse of the rights provided for in this Protocol, the [Executive] [Consultative] [Council], if it deems it necessary, shall take, inter alia, one or more of the following measures:]
[(a) Bring relevant information on the matter or issue, including conclusions and recommendations concerning measures to redress the situation and ensure compliance, to the attention of the Security Council of the United Nations.]
(b) [Notify] [Inform] all States Parties of the issue or matter;
(c) Bring the issue or matter to the attention of the Conference;
[(d) Make recommendations to the Conference regarding measures to redress the situation and to ensure compliance in accordance with Article V.]]
(D) THE TECHNICAL [SECRETARIAT] [BODY] [(INCLUDING INTERNATIONAL EPIDEMIOLOGICAL NETWORK)]74
40. The Technical [Secretariat] [Body] shall assist States Parties in the implementation of this Protocol. The Technical [Secretariat] [Body] shall assist the Conference and the [Executive] [Consultative] [Council] in the performance of their functions. [The Technical [Secretariat] [Body] shall carry out the [verification] [investigation] measures and the scientific and technological exchange and technical cooperation activities and measures provided for in this section.] 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] [Consultative] [Council] in accordance with this Protocol.
41. [The functions of the Technical [Secretariat] [Body] with regard to] [Under Article III above] [verification of] compliance with [the Convention and] this Protocol shall [, in accordance with Article III and the Annexes,] include, inter alia:
BWC/AD HOC GROUP/41
Annex I
page 100
(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 outbreaks of diseases or epidemics supplied by States Parties and relevant international organizations [such as WHO, IOE, FAO and OPCW];]
[(c) 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 outbreaks of diseases and epidemics deemed to have a natural cause from outbreaks of diseases and epidemics which might be the result of a violation or attempted violation of the BTWC;]75
(d) [Assisting the [Executive] [Consultative] [Council] in] facilitating consultation and clarification among States Parties;
[(e) Conducting [visits] in accordance with the provisions of Article III, part F, and of Annex G;]
[(f) Processing requests for voluntary visits, carrying out the preparations for, providing technical support during the conduct of, and conducting voluntary visits in accordance with the provisions of Article III, part F, and of Annex B, and reporting the outcome to the [Executive] [Consultative] [Council];]
[(g) Processing requests for investigations to address a non-compliance concern, carrying out the preparations for, providing technical support during the conduct of, and conducting investigations in accordance with the provisions of Article III, part F, and of Annex D, and reporting the outcome to the [Executive] [Consultative] [Council];]
[(g) bis Receiving, through the United Nations Security Council, requests for investigations to address non_compliance concerns, making technical evaluations of those requests, submitting the requests to the [Executive] [Consultative] [Council] for consideration and a decision whether to conduct an on-site inspection, undertaking the preparations for on-site inspections, providing technical assistance during them, and submitting reports to the [Executive] [Consultative] [Council];]
[(h) Maintaining and updating a list of qualified experts and notifying all States Parties of any additions to or alterations in the list;]76
BWC/AD HOC GROUP/41
Annex I
page 101
[(i) [Where necessary and appropriate,] negotiating and concluding, subject to the prior approval by the [Executive] [Consultative] [Council] [Conference], agreements and arrangements [, as appropriate,] between [the Organization] and States Parties, other States and international organizations;]
(j) Assisting the States Parties through their National Authorities on other matters relating to the implementation of this Protocol; and
[(k) Implementing training programmes in order to facilitate the Director-General’s responsibilities with regard to paragraph 48.]77
[42. The Technical [Secretariat] [Body] shall develop and maintain, subject to approval by the [Executive] [Consultative] [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] [Body] subject to approval by the [Executive] [Consultative] [Council]. The Technical [Secretariat] [Body] shall promptly inform the States Parties of any changes in the operational manuals.]
43. The functions of the Technical [Secretariat] [Body] with regard to [scientific and technological exchange] [implementation assistance] and technical cooperation for peaceful purposes shall, in accordance with Article ..., include, inter alia:
(a) Administer the Voluntary Fund referred to in ...;[...].
44. The functions of the Technical [Secretariat] [Body] with respect to administrative matters shall include, inter alia:
[(a) Preparing and submitting to the [Executive] [Consultative] [Council] the draft programme and budget of the Organization;]
[(a) bis Preparing and submitting to the Conference of States Parties proposals for expenditure on action to comply with obligations under this Protocol;]
(b) Preparing and submitting to the [Executive] [Consultative] [Council] the draft report of [the Organization] on the implementation of this Protocol and such other reports as the Conference or the [Executive] [Consultative] [Council] may request;
(c) Providing administrative and technical support to the Conference, the [Executive] [Consultative] [Council] and other subsidiary organs;
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Annex I
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(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; and
(f) Ensuring that the confidentiality provisions of the Protocol as applied to the Technical [Secretariat] [Body] are observed.
[45. The functions described in paragraph 41 (b) and (c) are discharged by the International Epidemiological Monitoring Network, an integral part of the Technical [Secretariat] [Body].]
46. The Technical [Secretariat] [Body] shall promptly inform the [Executive] [Consultative] [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.
[47.78 The Technical [Secretariat] [Body] shall comprise a Director-General, who shall be its head and chief administrative officer, [investigators] and such scientific, technical, administrative and other personnel as may be required. The Director-General shall be appointed by the Conference upon the recommendation of the [Executive] [Consultative] [Council] for a term of four years, renewable for only one further term.]
[47 bis The Technical [Secretariat] [Body] shall comprise a chief administrative officer and such scientific, technical and other personnel as may be required.]
48. The Director-General shall be responsible to the Conference and the [Executive] [Consultative] [Council] for the appointment of the staff and for the organization and functioning of the Technical [Secretariat] [Body]. [The paramount consideration in the employment of the staff [in the Technical [Secretariat] [Body]] 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, as [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.] [In the employment of the staff and in the determination of the conditions of service, due regard shall be paid to the necessity of securing the highest standards of efficiency, competence and integrity, and the importance of selecting personnel on as wide an equitable geographic basis as possible.]79 Recruitment shall be guided by the principle that the staff shall be kept to the
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Annex I
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minimum necessary for the proper discharge of the responsibilities of the Technical [Secretariat] [Body].
49. The Director-General shall be responsible for the organization and functioning of [the Scientific Advisory Board], [if] established pursuant to paragraph [24 (j)] [, and 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 Protocol [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, if they deem it necessary, submit lists of experts to the Director-General.
50. In the performance of their duties, the Director-General [, the investigators] and the other 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.]
51. Each State Party shall respect the exclusively international character of the responsibilities of the Director-General [, the investigators] and the other members of the staff and shall not seek to influence them in the discharge of their responsibilities.
52. All requests and notifications by States Parties to [the Organization] shall be transmitted [through their National Authorities] to the Director-General. Requests and notifications shall be in one of the official languages of this Protocol. In response the Director-General shall use the language of the transmitted request or notification.
(E) PRIVILEGES AND IMMUNITIES
53. 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.
54. Delegates of States Parties, together with their alternates and advisers, representatives of members elected to the [Executive] [Consultative] [Council], together with their alternates and advisers, the Director-General 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.
55. 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
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Annex I
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between the Organization and the State in which the Organization is seated. Such agreements shall be considered and approved in accordance with paragraph 24 (h) and (i).
56. Notwithstanding paragraphs 53, 54 and 55, the privileges and immunities enjoyed by the Director-General, the [inspectors] [investigators] [and visitors], the [inspection] [investigation] [and visit] assistants [and the members of the staff of the Technical [Secretariat] [Body]] 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] [Body], the Director-General of the Technical [Secretariat] [Body] and the Organization itself in relation to such activities] shall be those set forth in the Annexes.
[57. Provisions set forth in section D, part ... 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] [Body] and the Organization itself in relation to activities of the Organization other than investigation activities [and visits].]]
Notes
72. 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.
73. The view was expressed that there is a strong doubt concerning the establishment of the [Executive] [Consultative] [Council] within [the Organization] and that there is a need for further consideration of this subject.
74. 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.
75. It might be considered to move this subparagraph to another appropriate place in the protocol.
76. The placement of this subparagraph has to be reconsidered in the light of the outcome of discussions on other parts of the protocol.
77. The placement of this subparagraph has to be reconsidered in the light of the outcome of discussions on other parts of the protocol.
78. It was proposed to move paragraphs 47 to 52 to the beginning of section D.
79. This sentence was proposed as a replacement to the preceding three sentences.
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The Biological and Toxin Weapons Convention Database forms part of the Project on Strengthening the Biological and Toxin Weapons Convention and Preventing Biological Warfare, which is based in the Department of Peace Studies, University of Bradford, UK.
Updated 5 November 1998