6 DE JULHO DE 1996

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20 — In selecting particular plant sites for inspection and in deciding on the frequency and intensity of inspections, the Technical Secretariat shall give due consideration to the risk to the object and purpose of this Convention posed by the relevant chemical, the characteristics of the plant site and the nature of the activities carried out there, taking into account the respective facility agreement as well as the results of the initial inspections and subsequent inspections.

21 — The Technical Secretariat shall choose a particular plant site to be inspected in such a way as to preclude the prediction of exactly when it will be inspected.

22 — No plant site shall receive more than two inspections per calendar year under the provisions of this section. This, however, shall not limit inspections pursuant to article ix.

Inspection procedures

23 — In addition to agreed guidelines, other relevant provisions of this Annex and the Confidentiality Annex, paragraphs 24 to 30 below shall apply.

24 — A facility agreement for the declared plant site shall be concluded not later than 90 days after completion of the initial inspection between the inspected State Party and the Organization unless the inspected State Party and the Technical Secretariat agree that it is not needed. It shall be based on a model agreement and govern the conduct of inspections at the declared plant site. The agreement shall specify the frequency and intensity of inspections as well as detailed inspection procedures, consistent with paragraphs 25 to 29.

25 — The focus of the inspection shall be the declared schedule 2 plant(s) within the declared plant site. If the inspection team requests access to other parts of the plant site, access to these areas shall be granted in accordance with the obligation to provide clarification pursuant to part n, paragraph 51, of this Annex and in accordance with the facility agreement, or, in the absence of a facility agreement, in accordance with the rules of managed access as specified in part x, section C, of this Annex.

26 — Access to records shall be provided, as appropriate, to provide assurance that there has been no diversion of the declared chemical and that production has been consistent with declarations.

27 — Sampling and analysis shall be undertaken to check for the absence of undeclared scheduled chemicals.

28 — Areas to be inspected may include:

o) Areas where feed chemicals (reactants) are delivered or stored;

b) Areas where manipulative processes are performed upon the reactants prior to addition to the reaction vessels;

c) Feed lines as appropriate from the areas referred to in subparagraph a) or subparagraph b) to the reaction vessels together with any associated valves, flow meters, etc.;

d) The external aspect of the reaction vessels and ancillary equipment;

e) Lines from the reaction vessels leading to long-or short-term storage or to equipment further processing the declared schedule 2 chemicals;

f) Control equipment associated with any of the items under subparagraphs a) to e);

g) Equipment and areas for waste and effluent handling;

h) Equipment and areas for disposition of chemicals not up to specification.

29 — The period of inspection shall not last more than 96 hours; however, extensions may be agreed between the inspection team and the inspected State Party.

Notification of inspection

30 — A State Party shall be notified by the Technical Secretariat of the inspection not less than 48 hours before the arrival of the inspection team at the plant site to be inspected.

C—Transfers to States not Party to this Convention

31 —Schedule 2 chemicals shall only be transferred to or received from States Parties. This obligation shall take effect three years after entry into force of this Convention.

32 — During this interim three-year period, each State Party shall require an end-use certificate, as specified below, for transfers of schedule 2 chemicals to States not Party to this Convention. For such transfers, each State Party shall adopt the necessary measures to ensure that the transferred chemicals shall only be used for purposes not prohibited under this Convention. Inter alia, the State Party shall require from the recipient State a certificate stating, in relation to the transferred chemicals:

a) That they will only be used for purposes not prohibited under this Convention;

b) That they will not be re-transferred;

c) Their types and quantities;

d) Their end-use(s); and

e) The name(s) and address(es) of the end-user(s).

PARTVm

Activities not prohibited under this Convention in accordance with article vi

Regime for schedule 3 chemicals and facilities related to such chemicals

A — Declarations Declarations of aggregate national data

1 — The initial and annual declarations to be provided by a State Party pursuant to article vi, paragraphs 7 and 8, shall include aggregate national data for the previous calendar year on the quantities produced, imported and exported of each schedule 3 chemical, as well as a quantitative specification of import and export for each country involved.

2 — Each State Party shall submit:

a) Initial declarations pursuant to paragraph 1 not later man 30 days after this Convention enters into force for it; and, starting in the following calendar year;

b) Annual declaration not later than 90 days after the end of the previous calendar year.