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6 DE JULHO DE 1996

1141

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

16 — In selecting plant sites for inspection under this section, the Technical Secretariat shall observe the following limitation for the combined number of inspections to be teceived by a State Party per calendar year under this part and part ix of this Annex: the combined number of inspections shall not exceed three plus 5 % of the total number of plant sites declared by a State Party under both this part and part ix of this Annex, or 20 inspections, whichever of these two figures is lower.

Inspection aims

17 — At plant sites declared under section A, the general aim of inspections shall be to verify that activities are consistent with the information to be provided in declarations. The particular aim of inspections shall be the verification of the absence of any schedule 1 chemical, especially its production, except if in accordance with part vi of this Annex. .

Inspection procedures

18 — In addition to agreed guidelines, other relevant provisions of this Annex and the Confidentiality Annex, paragraphs 19 to 25 below shall apply.

19 — There shall be no facility agreement, unless requested by the inspected State Party.

20 — The focus of the inspections shall be the declared schedule 3 plant(s) within the declared plant site. If the inspection team, in accordance with part ii, paragraph 51, of this Annex, requests access to other parts of the plant site for clarification of ambiguities, the extent of such access shall be agreed between the inspection team and the inspected State Party.

21 —The inspection team may have access to records in situations in which the inspection team and the inspected State Party agree that such access will assist in achieving the objectives of the inspection.

22 — Sampling and on-site analysis may be undertaken to check for the absence of undeclared scheduled chemicals. In case of unresolved ambiguities, samples may be analysed in a designated off-site laboratory, subject to the inspected State Party's agreement.

23 — Areas to be inspected may include:

a) 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 vessel;

c) Feed lines as appropriate from the areas• referred to in subparagraph "a) or subparagraph b) to the reaction vessel 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 3 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.

24 — The period of inspection shall not last more than 24 hours; however, extensions may be agreed between the inspection team and the inspected State Party.

Notification of inspections

25 — A State Party shall be notified by the Technical Secretariat of the inspection not less than 120 hours before the arrival of the inspection team at the plant site to be inspected.

C— Transfers to States not Party to this Convention

26 — When transferring schedule 3 chemicals to States not Party to this Convention, 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; ¿>) That they will not be re-tranferred;

c) Their types and quantities;

d) Their end-use(s); and

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

27 — Five years after entry into force of this Convention, the Conference shall consider the need to establish other measures regarding transfers of schedule 3 chemicals to States not Party to this Convention.

PART IX

Activities not prohibited under this Convention in accordance with article vi

Regime for other chemical production facilities

A — Declarations List of other chemical production facilities

1 — The initial declaration to be provided by each State Party pursuant article vi, paragraph 7, shall include a list of all plant sites that:

a) Produced by. synthesis during the previous calendar year more than 200 tonnes of unscheduled discrete organic chemicals; or

b) Comprise one or more plants which produced by synthesis during the previous calendar year than 30 tonnes of an unscheduled discrete organic chemical containing the elements phosphorus, sulfur or fluorine (hereinafter referred to as «PSF-plants» and «PSF-chemical»).

2 — The list of other chemical production facilities to be submitted pursuant to paragraph 1 shall not include plant sites that exclusively produced explosives or hydrocarbons.