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6 DE JULHO DE 1996

1143

20 — 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 inspection

21 —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 — Implementation and review of section B Implementation

22 — The implementation of section B shall start at the beginning of the fourth year after entry into force of this Convention unless the Conference, at its regular session in the third year after entry into force of this Convention, decides otherwise.

22 — The Director-General shall, for the regular session of the Conference in the third year after entry into force of this Convention, prepare a report which outlines the experience of the Technical Secretariat in implementing the provisions of parts vn and vni of this Annex as well as of section A of this part.

24 — At its regular session in the third year after entry into force of this Convention, the Conference, on the basis of a report of the Director-General, may also decide on the distribution of resources available for verification under section B between «PSF-plants» and other chemical production facilities. Otherwise, this distribution shall be left to the expertise of the Technical Secretariat and be added to the weighting factors in paragraph 11.

25 — At its regular session in the third year after entry into force of this Convention, the Conference, upon advice or" tne Executive Council, shall decide on which basis (e. g. regional) proposals by States Parties for inspections should be presented to be taken into account as a weighting factor in the selection process specified in paragraph 11.

Review

26 — At the first special session of the Conference convened pursuant to article vm, paragraph 22, the provisions of this part of the Verification Annex shall be re-examined in the light of a comprehensive review of the overall verification regime for the chemical industry (article vi, parts vn to ix of this Annex) on the basis of the experience gained. The Conference shall then make recommendations so as to improve the effectiveness of the verification regime.

PART X

Challenge inspections pursuant to article ix

A. — Designation and selection of inspectors and Inspection assistants

1 — Challenge inspections pursuant to article ix shall only be performed by inspectors and inspection assistants especially designated for this function. In order to designate inspectors and inspection assistants for challenge inspections pursuant to article ix, the Director-General shall, by selecting inspectors and inspection assistants from

among the inspectors and inspection assistants for routine inspection activities, establish a list of proposed inspectors and inspection assistants. It shall comprise a sufficiently large number of inspectors and inspection assistants having the necessary qualification, experience, skill and training, to allow for flexibility in the selection of the inspectors, taking into account their availability, and the need for rotation. Due regard shall be paid also to the importance of selecting inspectors and inspection assistants on as wide a geographical basis as possible. The designation of inspectors and inspection assistants shall follow the procedures provided for under parte ii, section A, of this Annex.

2 — The Director-General shall determine the size of the inspection team and select its members taking into account the circumstances of a particular request. The size of the inspection team shall be kept to a minimum necessary for the proper fulfilment of the inspection mandate. No national of the requesting State Party or the inspected State Party shall be a member of the inspection team.

B — Pre-inspection activities

3 — Before submitting the inspection request for a challenge inspection, the State Party may seek confirmation from the Director-General that the Technical Secretariat is in a position to take immediate action on the request. If the Director-General cannot provide such confirmation immediately, he shall do so at the earliest opportunity, in keeping with the order of requests for confirmation. He shall also keep the State Party informed of when it is likely that immediate action can be taken. Should the Director-General reach the conclusion that timely action on requests can no longer be taken, he may ask the Executive Council to take appropriate action to improve the situation in the future.

Notification

4 — The inspection request for a challenge inspection to be submitted to the Executive Council and the Director-General shall contain at least the following information;

a) The State Party to be inspected and, if applicable, the Host State;

b) The point of entry to be used;

c) The size and type of the inspection site;

d) The concern regarding possible non-compliance with this Convention including a specification of the relevant provisions of this Convention about which the concern has arisen, and of the nature and circumstances of the possible non-compliance as well as all appropriate information on the basis of which the concern has arisen; and

e) The name of the observer of the requesting State Party.

The requesting State Party may submit any additional information it deems necessary.

5 — The Director-General shall within one hour acknowledge to the requesting State Party receipt of its request

6 — The requesting State Party shall notify the Director-General of the location of the inspection site in due time for the Director-General to be able to provide this information to the inspected State Party not less than 12 hours before the planned arrival of the inspection team at the point of entry.