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6 DE JULHO DE 1996

1147

52 —In the case of facilities declared pursuant to article hi, paragraph 1, d), the following shall apply: if the inspected State Party, using procedures of paragraphs 47 and 48, has not granted full access to areas or structures not related to chemical weapons, it shall make every reasonable effort to demonstrate to the inspection team that

such areas or structures are not used for purposes related

to the possible non-compliance concerns raised in the inspection request.

° Observer

53 — In accordance with the provisions of article ix, paragraph 12, on the participation of an observer in the challenge inspection, the requesting State Party shall liaise with the Technical Secretariat to coordinate the arrival of the observer at the same point of entry as the inspection team within a reasonable period of the inspection team's arrival.

54 — The observer shall have the right throughout the period of inspection to be in communication with the embassy of the requesting State Party located in the inspected State Party or in the Host State or, in the case of absence of an embassy, with the requesting State Party itself. The inspected State Party shall provide means of communication to the observer.

55 — The observer shall have the right to arrive at the alternative or final perimeter of the inspection site, wherever the inspection team arrives first, and to have access to the inspection site as granted by the inspected State Party. The observer shall have the right to make recommendations to the inspection team, which the team shall take into account to the extent it deems appropriate. Throughout the inspection, the inspection team shall keep the observer informed about the conduct of the inspection and the findings.

56 — Throughout the in-country period, the inspected State Party shall provide or arrange for the amenities necessary for the observer such as communication means, interpretation services, transportation, working space, lodging, meals and medical care. All the costs in connection with the stay of the observer on the territory of the inspected State Party or the Host State shall be borne by the requesting State Party.

Duration of Inspection

57 — The period of inspection shall not exceed 84 hours, unless extended by agreement with the inspected State Party.

D — Post-Inspection activities Departure

58 — Upon completion of the post-inspection procedures at the inspection site, the inspection team and the observer of the requesting State Party shall proceed promptly to a point of entry and shall then leave the territory of the inspected State Party in die minimum time possible.

Reports

59 — The inspection report shall summarize in a general way the activities conducted by the inspection team and

the factual findings of the inspection team, particularly with regard to the concerns regarding possible non-compliance with this Convention cited in the request for the challenge inspection, and shall be limited to information directly related to this Convention. It shall also include an assessment by the inspection team of the degree and nature of access and cooperation granted to the inspectors and the extent to which this enabled them to fulfil the inspection mandate. Detailed information relating to the concerns regarding possible non-compliance with this Convention cited in the request for the challenge inspection shall be submitted as an appendix to the final report and be retained within the Technical Secretariat under appropriate safeguards to protect sensitive information.

60 — The inspection team shall, not later than 72 hours after its return to its primary work location, submit a preliminary inspection report, having taken into account, inter alia, paragraph 17 of the Confidentiality Annex, to the Director-General. The Director-General shall promptly transmit the prelirninary inspection report to the requesting State Party, the inspected State Party and to the Executive Council.

61 —A draft final inspection report shall be made available to the inspected State Party not later than 20 days after te completion of the challenge inspection. The inspected State Party has the right to identify any information and data not related to chemical weapons which should, in its view, due to its confidential character, not be circulated outside the Technical Secretariat. The Technical Secretariat shall consider proposals for changes to the draft final inspection report made by the inspected State Party and, using its own discretion, wherever possible, adopt them. The final report shall then be submitted not later than 30 days after the completion of the challenge inspection to the Director-General for further distribution and consideration in accordance with article ix, paragraphs 21 to 25.

PART XI

Investigations in cases of alleged use of chemical weapons

A — General

\a— Investigations of alleged use of chemical weapons, or of alleged use of riot control agents as a method of warfare, initiated pursuant to articles ix or x, shall be conducted in accordance with this Annex and detailed procedures to be established by the Director-General.

2 — The following additional provisions address specific procedures required in cases of alleged use of chemical weapons.

B — Pre-lnspectlon activities Request for an Investigation

3 — The request for an investigation of an alleged use of chemical weapons to be submitted to the Director-General, to the extent possible, should include the following information:

a) The State Party on whose territory use of chemical weapons is alleged to have taken place;

b) The point of entry or other suggested safe routes of access;