ARTICLE VII

[SCIENTIFIC AND TECHNOLOGICAL EXCHANGE FOR PEACEFUL PURPOSES][IMPLEMENTATION ASSISTANCE] AND TECHNICAL COOPERATION

[(A) [GENERAL PROVISIONS] 

1. Each State Party⁵⁶ 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 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; 

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

1 bis [The objectives of this Article shall be to provide for specific measures and obligations which will: 

(a) Address [opportunities] [undertakings] for cooperation, as envisioned under Article X of the Convention, which the Protocol will create among its States Parties; 

(b) Promote assistance directly related to the effective implementation of this Protocol; 

And will, in this regard, avoid any restrictions incompatible with the obligations undertaken under the Convention, noting that the provisions of the Convention should not be used to impose restrictions and/or limitations on the transfer for purposes consistent with the objectives and the provisions of the Convention of scientific knowledge, technology, equipment and materials.]⁵⁷

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.]] 

[3. Each State Party [in a position to do so] [shall] [may] cooperate as appropriate, on a global, regional, or bilateral basis, directly or through [the Organization], in order to foster international cooperation in the field of peaceful bacteriological (biological) and toxin activities, in accordance with the provisions of the Convention.] 

[4. In implementing the provisions of this Article, the States Parties and [the Organization] shall take into account [the necessity of strengthening] existing agreements and competences of other relevant international organizations [or among States Parties] [not contrary to the provisions of the Convention] [and take steps to avoid duplicating existing activities and mechanisms] [and shall cooperate to strengthen the existing cooperative relations and [if necessary] [where possible] avoid duplicating existing activities].]⁵⁸

(B) MEASURES TO PROMOTE SCIENTIFIC AND TECHNOLOGICAL EXCHANGES

[5. Each State Party 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 or exchanges 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].]⁵⁹ 

6. [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] [and Article VII of the Protocol]. 

[7. Subject to the provisions of ..., States Parties shall [to the extent possible] individually, jointly, through relevant international arrangements or through the institutional mechanisms provided for under this Protocol, undertake to:] 

(a) Promote [and participate in] [report on] the publication, exchange and dissemination of information concerning current research programmes in the biosciences and biotechnology [and genetic engineering], conferences, research centres, and other scientific and technological developments and activities of relevance to the Convention, and encourage the dissemination of recent developments in the field of biological research; 

(b) [Promote] [Support] the establishment and assist peaceful activities of research institutes through the dissemination of knowledge about examination and identification techniques, laboratory safety, vaccine production and other research projects in the biosciences; 

(c) [Promote] [Support] the [establishment] [accessibility], operation and updating of biological data bases in the collection and dissemination of information relevant to the purposes of the Convention; 

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

(e) Coordinate national, regional and multilateral activities and programmes in the relevant fields for peaceful purposes using appropriate [existing mechanisms and structures] [including] [institutional mechanisms provided for in this Protocol]; 

[[(f) Assist in improving and participating in the functioning of international systems for the global monitoring of emerging diseases in humans, animals and plants;] 

(g) Promote transfer of technology for peaceful use of genetic engineering and other scientific and technical developments [and high technology] relevant to the Convention; 

(h) Conclude 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 biological sciences for the prevention of diseases; 

(i) Promote programmes for the development of human resources in the biological sciences, including advancing the education of personnel.]

[8. In the field of biodefence activities, each State Party undertakes: 

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

[(c) Promote collaborative research and development projects and joint ventures in biodefence activities [, particularly related to vaccine development] and diagnostics systems.]]⁶⁰

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

9. [Each State Party 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;⁶¹ 

(c) [Undertake] Not [to] 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; 

(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 microbiology, biotechnology, genetic engineering, and their industrial, agricultural, medical, pharmaceutical, public health applications, and other peaceful uses;] 

[(c) and (c) bis Undertake not to establish or maintain regimes which conflict with Article X of the Convention or impose or maintain any discriminatory measure 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 microbiology, biotechnology, genetic engineering, and their industrial, agricultural, medical, pharmaceutical applications, and other related areas for peaceful purposes;] 

(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;] 

(c) quinques [Undertake not to take actions, which are incompatible with the object[ives] and purpose[s] of the Convention, and which would restrict the right and ability of States Parties to pursue economic and scientific development in the field of bioscience;]

(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 objectives and purposes of the Convention, within ... days of the entry into force of this Protocol for it. The Director-General shall collate on an annual basis and, for the information of States Parties, report on the implementation of this subparagraph.]] 

10. 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, 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.]⁶² 

11. [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.]]

(D) [[INSTITUTIONAL MECHANISMS AND] INTERNATIONAL COOPERATION⁶³] [PROTOCOL IMPLEMENTATION ASSISTANCE]  

[12. The BTWC Organization shall provide a forum for consultation and cooperation in matters to promote [implementation assistance] [scientific and technological exchange] and technical cooperation for peaceful purposes and develop a framework for activities aimed at providing assistance, upon request, to the States Parties, and [in particular to the developing countries being States Parties] [to States Parties, with highest priority being given to States Parties most in need of such assistance]. Taking full account of existing agreements and competences of the relevant international organizations, [provision of the following may, inter alia, be considered by the States Parties directly or through an institutional mechanism] [the BTWC Organization shall ensure, through its own institutional framework, coordinating its efforts as appropriate with States Parties, provision of the following]:

(a) Assistance to States Parties [to obtain advice], if requested, [for] [on] the establishment and functioning of national authorities; 

(b) Assistance to States Parties [to obtain advice], if requested, [for] [on] the preparation of declarations [required under the provisions of this Protocol] [in accordance with Article ... and section ... of Annex ...]; 

[(c) Assistance to States Parties, if requested, in drawing up internal legislation necessary under the provisions of this Protocol;]⁶⁴ 

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

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

(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;]⁶⁵

[(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.]

 [(f) bis Establish procedures for the use of modern technology, including international networks, to facilitate communication between States Parties and [the Organization];] 

(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;] 

[(i) Assisting States Parties in training personnel for employment in [the Organization], in order to promote the objective of representation on a wide and equitable geographical basis.]] 

[13. The [Executive] [Consultative] Council shall, in accordance with paragraph ... of Article IX of the Protocol, consider concerns raised by a State Party on the implementation of Article X of the Convention.]

(E) [PROMOTING] COOPERATIVE RELATIONSHIPS [, INCLUDING] WITH OTHER INTERNATIONAL ORGANIZATIONS [AND AMONG STATES PARTIES]  

[14. [The [Organization] shall establish a cooperative relationship [, maintain working ties and when necessary conclude agreements and arrangements pursuant to paragraphs 24 (i) and 34 (k) of Article IX [and develop joint programmes] with other relevant international organizations, agencies and programmes; [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:] 

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

(i) The collection and dissemination of information on listed biological agents and toxins;

(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 among the States Parties, including exchange of information among scientists and technologists, with the aim of, inter alia:

(i) Utilizing the scientific and technological capabilities, experience and know-how of States Parties;

(ii) Facilitating harmonization of relevant existing national regulatory and administrative procedures;

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

15. The [Organization] [Technical [Secretariat] [Body]], [if necessary] after consultation with other relevant international organizations, agencies and programmes, [shall] [may] make recommendations, as appropriate, [to [the Conference of] States Parties and] to international organizations [as to how the objectives of] [to suggest further practical steps for the effective and full implementation of] [Article X of the Convention] [this Article] might be furthered through the activities of those organizations for the benefit of States Parties.

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

(F) [SAFEGUARDS AND LIMITATIONS⁶⁶ 

17. The States Parties [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. 

18. [The States Parties [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.]

 19. The States Parties, 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.⁶⁷ 

20. [The States Parties] [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]. 

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

22. [In implementing the provisions of this article, the States Parties and the organization shall take into account [the necessity of strengthening] existing agreements and competences of other relevant international organizations [or among States Parties] [not contrary to the provisions of the Convention] [and take steps to avoid duplicating existing activities and mechanisms] [and shall cooperate to strengthen the existing cooperative relations and [if necessary] [where possible] avoid duplicating existing activities].]⁶⁸ 

[(G) REPORTING]

Notes

56. The use of the term "States Parties" in this Article, as distinguished from the same term in other articles, requires further discussion. There is difference of view among delegations whether the term appropriately refers, at specific points throughout this Article, to States Parties to the Protocol or to States Parties to the Convention. The appropriate expression throughout this Article would need to be adjusted to reflect the outcome of such discussion and be consistent with the use of that expression elsewhere in the Protocol.

57. This newly introduced paragraph requires further study and discussion. It was put forward by some delegations as an alternative to paragraph 1. A view was expressed that this paragraph should be replaced by paragraph 1.

58. There is divergence of views regarding the need for and the placement of this paragraph in this Article, which is also included in section (F) (Safeguards and limitations). Views were expressed that the question of avoiding duplication is relevant to all provisions of the Protocol and not just to Article VII; therefore consideration should be given to dealing with this issue in Article I.

59. This issue is elaborated by some delegations in BWC/AD HOC GROUP/WP.232.

60. Some aspects of the issue addressed in this paragraph are also being examined under Article VI (Assistance and protection against biological and toxin weapons). Careful consideration was recommended to avoid possible overlaps.

61. The view was expressed that the location of subparagraphs (a) and (b) needs further consideration.

62. Final location of this paragraph is still to be decided. Some delegations expressed the view that it should be placed under section G (Reporting). Others that it should remain where it is.

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

64. This subparagraph should be examined in the light of discussions on Article X (National implementation measures) of the Rolling Text.

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

66. 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.

67. This paragraph should be examined in the light of discussions on Article X (National implementation measures) of the Rolling Text.

68. There is divergence of views regarding the need for and the placement of this paragraph in this Article, which is also included in Section A (General provisions). Views were expressed that the question of avoiding duplication is relevant to all provisions of the Protocol and not just to Article VII; therefore consideration should be given to dealing with this issue in Article I.