The Biological and Toxin Weapons Convention (BTWC) Database
Rolling text : Articles X to XXIII
Ad Hoc Group 11th Session
Articles X to XXIII 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.
Please note: the page numbers given are those which appear in the original text, these appear at the top of the page.
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BWC/AD HOC GROUP/41
Annex I
page 105
ARTICLE X
NATIONAL IMPLEMENTATION MEASURES
1. Each State Party shall, in accordance with its constitutional processes, take any necessary measures [including enacting penal legislation with respect to the obligations under the Protocol] to implement its obligations under this Protocol. [In particular, it shall:
[(a) Prohibit natural and legal persons anywhere on its territory or in any other place under its jurisdiction as recognized by international law from undertaking any activity prohibited [to a State Party] under the Convention [, including enacting penal legislation with respect to such activity];]
[(b) Prohibit natural and legal persons from undertaking any such activity anywhere under its control; and]
[(c) Prohibit, in conformity with international law, natural persons possessing its nationality from undertaking any such activity anywhere.]]
2. Each State Party may, where requested, cooperate with other States Parties and afford the appropriate form of legal assistance to facilitate the implementation of the obligations under paragraph 1.
3. In order to fulfil its obligations under this Protocol [the Convention], each State Party shall designate or set up a [National Authority] and shall so inform the [Organization] upon entry into force of this Protocol for it. The [National Authority] shall serve as the national focal point for liaison with the [Organization] and with other States Parties.
4. Each State Party shall inform the [Organization] of the legislative and administrative measures taken pursuant to this Article.
5. Each State Party, during the implementation of its obligations under this Protocol, shall take all necessary steps to ensure the safety of people and to protect the environment, and may cooperate as appropriate with other States Parties in this regard.
6. Each State Party undertakes to cooperate with the [Organization] in the exercise of all its functions and in particular to provide assistance to the Technical [Secretariat] [Body].
BWC/AD HOC GROUP/41
Annex I
page 106
ARTICLE XI
RELATIONSHIP OF THE PROTOCOL TO THE BTWC
AND OTHER INTERNATIONAL AGREEMENTS
1. This Protocol shall [supplement] [be additional to] the Biological and Toxin Weapons Convention. Nothing in this Protocol shall be interpreted as in any way modifying or amending that Convention.
2. Nothing in this Protocol shall be interpreted as in any way limiting or detracting from the obligations assumed by any States under the Biological and Toxin Weapons Convention, the Geneva Protocol [or the Chemical Weapons Convention].
BWC/AD HOC GROUP/41
Annex I
page 107
ARTICLE XII
SETTLEMENT OF DISPUTES
[1. Disputes that may arise concerning the application, interpretation or implementation of this Protocol shall be settled in accordance with the relevant provisions of this Protocol and in conformity with the provisions of the Charter of the United Nations and the [relevant] [applicable] rules of international law.
2. When a dispute arises between two or more State Parties, or between one or more States Parties and [the Organisation], relating to the application or interpretation of this Protocol, the parties concerned shall engage in negotiations without delay with a view to the expeditious settlement of the dispute by negotiation [or by other peaceful means of the parties’ choice]. The parties to a dispute shall keep the [politically representative body] [Executive] [Consultative] [Council] informed of the actions being taken as well as the commencement of the consultations. [The [politically representative body] [Executive] [Consultative] [Council] may contribute to the settlement of a dispute by negotiation by whatever means appropriate, including offering its good offices.] At the end of the negotiation the parties to a dispute shall inform the [politically representative body] [Executive] [Consultative] [Council] by means of a joint statement whether or not the dispute has been resolved.
3. If the dispute is not resolved of as a result of the consultations and negotiations referred to in paragraph 2 [within three months] from the commencement of the consultations, the parties to a dispute shall resort to other peaceful means of the parties’ choice, including recourse to appropriate organs of this Protocol or other organs established and entrusted by the [Executive] [Consultative] [Council] or the Conference of States Parties with tasks related to the settlement of these disputes in conformity with Articles IV and IX, and, by mutual consent, referral to the International Court of Justice in conformity with the Statute of the Court. The parties involved shall keep the [politically representative body] [Executive] [Consultative] [Council] informed of these actions and their outcome.
4. The Conference of States Parties shall consider questions related to disputes raised by States Parties, [the Organisation] or brought to its attention by the [politically representative body] [Executive] [Consultative] [Council].
5. The Conference of States Parties and the [politically representative body] [Executive] [Consultative] [Council] are separately empowered, subject to authorisation from the General Assembly of the United Nations, to request the International Court of Justice to give an advisory opinion on any legal question arising within the scope of the activities of [the Organisation]. An agreement between [the Organisation] and the United Nations shall be concluded for this purpose in accordance with Article IX.
[6. This Article is without prejudice to Articles III and V of this Protocol.]]
BWC/AD HOC GROUP/41
Annex I
page 108
ARTICLE XIII
REVIEW OF THE PROTOCOL
1. A Review Conference of this Protocol shall be convened within [5] [10] years after the entry into force of this Protocol where States Parties shall meet to review its operation with a view to assuring that the purposes of the Protocol are being realized. Such review shall take into account any new scientific and technological developments relevant to the Protocol. This Review Conference of the Protocol shall be held [immediately following] [in conjunction with] a Review Conference of the Convention. This Review Conference of the Protocol shall be held [at Geneva, Switzerland] [or,] [at the seat of the Organization] [or unless otherwise decided by the Conference].
2. At intervals of [5] [10] years thereafter, or earlier if requested by a majority of States Parties to the Protocol by submitting a proposal to this effect to the [Depositary/ies], further such Review Conferences of the Protocol shall be convened with the same objective, [immediately following] [in conjunction with] a Review Conference of the Convention.
BWC/AD HOC GROUP/41
Annex I
page 109
ARTICLE XIV
AMENDMENTS
[1. Any time after the entry into force of this Protocol any State Party may propose amendments to this Protocol or its Annexes or Appendices. Any State Party may also propose changes, in accordance with paragraph 4, to the Annexes and Appendices of this Protocol. Proposals for amendment shall be subject to the procedures in paragraphs 2 and 3. Proposals for changes, as specified in paragraph 4, shall be subject to the provisions set out in paragraph 5.
2. Any proposal for an amendment shall be communicated to the Director-General. The proposed amendment shall be considered only by an Amendment Conference. The Director-General shall circulate the proposal to all States Parties and seek their views on whether an Amendment Conference should be convened to consider the proposal. If one-third or more of the States Parties notify the Director-General, not later than 30 days after the circulation of the proposal, that they support the convening of an Amendment Conference, the Director-General shall convene such a Conference to which all States Parties shall be invited. The Amendment Conference shall be held immediately following a regular session of a Conference of States Parties unless all States Parties which support the convening of an Amendment Conference request that it be held earlier. In no case shall an Amendment Conference be held sooner than 60 days after the circulation of the proposed amendment. Amendments shall be adopted by the Amendment Conference by a positive vote of a majority of all States Parties [present and voting], with no State Party casting a negative vote.
[3. Amendments shall enter into force for all States Parties 30 days after the deposit of the instruments of ratification or acceptance by all of the States Parties casting a positive vote at the Amendment Conference.]
4. In order to assure the viability and effectiveness of this Protocol, provisions in sections ... of the Annexes and Appendices shall be subject to changes in accordance with paragraph 5, if proposed changes are related only to matters of a technical of administrative nature. Sections ... of the Annexes or Appendices shall not be subject to changes in accordance with paragraph 5.
5. Proposed changes referred to in paragraph 4 shall be made in accordance with the following procedures :
(a) The text of the proposed changes, together with supporting documentation, shall be transmitted to the Director-General. The Director-General shall promptly communicate any such proposal to all States Parties and the [Executive] [Consultative] [Council]. Any State Party and the Director-General may provide additional information to assist in the evaluation of the proposal;
BWC/AD HOC GROUP/41
Annex I
page 110
(b) No later than 60 days after its receipt, the Director-General shall evaluate the proposal to determine all its possible consequences for the provisions and implementation of this Protocol and for the provisions and implementation of the Biological and Toxin Weapons Convention of 1972 and shall communicate any such information to all States Parties and the [Executive] [Consultative] [Council];
(c) The [Executive] [Consultative] [Council] shall examine the proposal in light of all the information available to it, including whether the proposal fulfils the requirements of paragraph 4. Not later than 90 days after its receipt, the [Executive] [Consultative] [Council] shall notify its recommendations, with appropriate explanations, to all States Parties for consideration. States Parties shall acknowledge receipt within 10 days;
(d) If the [Executive] [Consultative] [Council] recommends to all States Parties that the proposal be adopted, it shall be considered approved if no State Party objects to it within 90 days after receipt of the recommendation. If the [Executive] [Consultative] [Council] recommends that the proposal be rejected, it shall be considered rejected if no State Party objects to the rejection within 90 days after receipt of the recommendation;
(e) If a recommendation of the [Executive] [Consultative] [Council] does not meet with the acceptance required under subparagraph (d), a decision on the proposal, including whether the proposal fulfils the requirements of paragraph 4, shall be taken as a matter of substance by a Conference of States Parties at its next session;
(f) The Director-General shall notify all States Parties of any decision under this paragraph;
(g) Changes approved under this procedures shall enter into force for all States Parties 180 days after the day of notification by the Director-General of their approval unless another time period is recommended by the [Executive] [Consultative] [Council] or decided by a Conference of States Parties.]
BWC/AD HOC GROUP/41
Annex I
page 111
ARTICLE XV
DURATION AND WITHDRAWAL
1. This Protocol shall remain in force so long as the Biological and Toxin Weapons Convention of 1972 is in force.
2. Each State Party to this Protocol shall, in exercising its national sovereignty, the right to withdraw from this Protocol if it decides that extraordinary events, related to the subject matter of this Protocol, have jeopardized its supreme interests. It shall give notice of such withdrawal to [the Depositary/ies] all other States Parties to the Protocol, the [Executive] [Consultative] [Council] and the United Nations Security Council [6] months in advance. Such notice shall include a statement of the extraordinary events it regards as having jeopardized its supreme interests.
3. The withdrawal of a State Party from this Protocol shall not in any way affects its obligations under other international legal instruments to which it is a party, [particularly the Biological and Toxin Weapons Convention of 1972, the Geneva Protocol of 1925 and the Chemical Weapons Convention of 1993].
4. Any State Party that withdraws from the Biological and Toxin Weapons Convention of 1972 shall be deemed to have withdrawn from this Protocol, irrespective of whether it has complied with the procedure set forth in paragraph 2 of this Article. The Protocol shall cease to be in force for such a State on the same day as the Biological and Toxin Weapons Convention of 1972 ceases to be in force for it.
BWC/AD HOC GROUP/41
Annex I
page 112
ARTICLE XVI
STATUS OF THE ANNEXES AND APPENDICES
The Annexes and Appendices to this Protocol form an integral part of the Protocol. Any reference to this Protocol includes the Annexes and Appendices.
BWC/AD HOC GROUP/41
Annex I
page 113
ARTICLE XVII
SIGNATURE
This Protocol shall be open for signature to all States Parties to the Biological and Toxin Weapons Convention of 1972, before this Protocol enters into force.
BWC/AD HOC GROUP/41
Annex I
page 114
ARTICLE XVIII
RATIFICATION
This Protocol shall be subject to ratification by States Signatories according to their respective constitutional processes.
BWC/AD HOC GROUP/41
Annex I
page 115
ARTICLE XIX
ACCESSION
Any State Party to the Biological and Toxin Weapons Convention of 1972 which does not sign this Protocol before its entry into force may accede to it at any time thereafter.
BWC/AD HOC GROUP/41
Annex I
page 116
ARTICLE XX
ENTRY INTO FORCE
[1. This Protocol shall enter into force [...] days after the date of the deposit of the [...]th instrument of ratification, but in no case earlier than [...] years after its opening for signature.
2. For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Protocol, it shall enter into force on the [30]th day following the date of deposit of their instrument of ratification or accession.]
BWC/AD HOC GROUP/41
Annex I
page 117
ARTICLE XXI
RESERVATIONS
[The Articles of this Protocol [shall not be subject to reservations] [incompatible with its object and purpose or that of the Biological and Toxin Weapons Convention of 1972]. The Annexes and Appendices of this Protocol shall not be subject to reservations incompatible with its object and purpose or that of the Biological and Toxin Weapons Convention of 1972.]
BWC/AD HOC GROUP/41
Annex I
page 118
ARTICLE XXII
DEPOSITARY/IES
The [Secretary-General of the United Nations] [Governments of the Russian Federation, the United Kingdom of Great Britain and Northern Ireland and the United States of America] [is] [are] hereby designated as the [Depositary] [Depositaries] of this Protocol and shall, inter alia:
(a) Promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or accession and the date of the entry into force of this Protocol, and of the receipt of other notices;
(b) Transmit duly certified copies of this Protocol to the governments of all signatory and acceding States; and
(c) Register this Protocol pursuant to Article 102 of the Charter of the United Nations.
BWC/AD HOC GROUP/41
Annex I
page 119
ARTICLE XXIII
AUTHENTIC TEXTS
1. This Protocol, the Arabic, Chinese, English, French, Russian and Spanish texts of which are equally authentic, shall be deposited with the [Secretary-General of the United Nations] [Governments of the Russian Federation, the United Kingdom of Great Britain and Northern Ireland and the United States of America].
2. IN WITNESS THEREOF the undersigned, being duly authorized to that effect, have signed this Protocol.
Done at ... on ... .
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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 23 November 1998