Inrichtingsakkoord tussen het Koninkrijk der Nederlanden en de Organisatie voor het verbod van chemische wapens betreffende de inspectie ter plaatse van de inrichting gevestigd in het Prins Maurits Laboratorium van TNO
(authentiek: en)
The Kingdom of the Netherlands, hereinafter referred to as “the inspected State Party",
and
the Organisation for the Prohibition of Chemical Weapons, hereinafter referred to as “the OPCW", both constituting the Parties to this Agreement,
have agreed on the following arrangements in relation to the conduct of inspections pursuant to paragraph 3 of Article VI of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, hereinafter referred to as “the Convention", at the facility for protective purposes, located at TNO Prins Maurits Laboratory, at Rijswijk, The Netherlands, the street address being: Lange Kleiweg 137, 2288 GJ Rijswijk, declared under paragraphs 7 and 8 of Article VI of the Convention, hereinafter referred to as “the facility".
1.
The purpose of this Agreement is to facilitate the implementation of the provisions of the Convention, as well as the relevant provisions of OPCW Policies and Regulations, in relation to inspections conducted at the facility, pursuant to paragraph 3 of Article VI and to Part VI, paragraphs 10 and 28 to 32 of the Verification Annex, of the Convention, and in accordance with the respective obligations of the inspected State Party and the OPCW under the Convention.
2.
Nothing in this Agreement shall be interpreted or applied in a way that contradicts the provisions of the Convention. In case of inconsistency between this Agreement and the Convention, the Convention shall prevail.
3.
The Parties have agreed to apply for planning purposes the administrative factors for the conduct of inspections contained in Attachment 1 to this Agreement and to keep Attachment 1 as up-to-date as possible.
4.
The inspection team shall consist of no more than 4 persons.
5.
The language for communication between the inspection team and the inspected State Party during inspections shall be English.
1.
The specific arrangements for implementing the relevant provisions of the Convention and the OPCW Health and Safety Policy during inspections of the facility are contained in Attachment 2 to this Agreement. In performing inspection activities, the inspection team shall abide by paragraph 43 of Part II of the Verification Annex, which reads: “In carrying out their activities, inspectors and inspection assistants shall observe safety regulations established at the inspection site, including those for the protection of controlled environments within a facility and for personal safety".
2.
All applicable health and safety regulations relevant to the conduct of the inspection at the facility shall be made available for use by the inspection team at the facility.
3.
In the course of the pre-inspection briefing the inspection team shall in particular be briefed by the representatives of the facility on:
(a) the health and safety measures at the facility to be inspected and the likely risks that may be encountered during the inspection, in particular:
(i) all specific health and safety measures related to the presence at the facility of Schedule 1 chemical(s) and of any other toxic chemical(s), and related to the activities carried out there with these chemicals;
(ii) specific inspection activities that must be limited within particular areas at the facility for reasons of safety;
(iii) procedures to be followed for contamination avoidance as well as for decontamination;
(iv) procedures to be followed in case of an accident or in case of other emergencies, including a briefing on emergency signals, routes and exits as well as on the location of emergency meeting points and of medical facilities;
(v) occupational safety monitoring procedures implemented at the facility and the current status of the facility in this respect;
(b) any additional (local) health and safety measures or regulations that need to be observed during the inspection.
4.
Upon request, the inspection team shall certify the receipt of any such information referred to in paragraph 3 above which has been provided in written form. If requested by the inspection team, detailed reasons for measures related to paragraph 3, subparagraph (a)(ii) of this Section shall be provided, as well as, in case of limitations, alternatives for the fulfilment of the verification requirements.
5.
In the case of emergency situations or accidents involving inspection team members while they are at the facility, the inspection team shall comply with the facility emergency procedures and the inspected State Party shall, if medical assistance is requested, to the extent possible provide medical and other assistance in a timely and effective manner and with due regard to the rules of medical ethics. Information on medical services and facilities to be used for this purpose is contained in paragraph (f) of Attachment 10 to this Agreement. If the OPCW undertakes other measures for medical support in regard to inspection team members involved in emergency situations or accidents, the inspected State Party shall render assistance to such measures.
6.
The inspected State Party shall provide available data based on detection and monitoring, to an agreed extent necessary, to satisfy concerns that may exist regarding the health and safety of the inspection team. The inspection team shall be immediately informed of any hazards to the health and safety of the members of the inspection team if such hazards are present. Notwithstanding other provisions of this Section, inspectors shall have the right to request at any time environmental samples to be taken at the facility and analysed for the purposes of personal health and safety of the members of the inspection team. Agreed conditions and procedures for on-site sampling and analysis are contained in Part C of Attachment 2 to this Agreement.

Section 3. Confidentiality

The specific arrangements for implementing the relevant provisions of the Convention and the OPCW Policy on Confidentiality in relation to the protection of confidential information at the facility are contained in Attachment 3 to this Agreement.

Section 4. Media and Public Affairs

The specific arrangements in accordance with the OPCW Media and Public Affairs Policy for the inspections team's contacts, if any, with the media or the public concerning inspections of the facility are contained in Attachment 4 to this Agreement.
1.
As agreed between the inspected State Party and the OPCW, the approved inspection equipment listed in Part A of Attachment 5 to this Agreement will, at the discretion of the OPCW and on a routine basis, be brought onto the site. It shall be used in accordance with the Convention, as well as with applicable regulations established by the OPCW and any agreed procedures contained in that Attachment to this Agreement.
2.
The provisions of paragraph 1 of this section are without prejudice to paragraph 27 of Part II of the Verification Annex, which stipulates the right of the Technical Secretariat to select and, without prejudice to the right of the inspected State Party, to bring into the inspected facility any item from the list of approved inspection equipment which it determines to be necessary to fulfil the inspection requirements. The relevant provisions of the Convention shall apply with regard to any use of such equipment.
3.
The equipment available on-site, and not belonging to the OPCW, which the inspected State Party has volunteered to provide to the inspection team upon its request for use on-site during the conduct of inspections is listed in Part B of Attachment 5 to this Agreement. Any procedures for the use of such equipment, any support which can be provided, and any conditions for the provision of equipment, are contained in that Attachment to this Agreement. The inspected State Party shall keep Part B of Attachment 5 to this Agreement as up-to-date as possible. Prior to any use of such equipment, the inspection team may verify that the performance characteristics of such equipment are consistent with those for similar OPCW approved equipment, or with the characteristics of items of equipment which are not on the list of OPCW approved equipment, but which are consistent with the purpose for which such equipment is intended to be used.
4.
Requests from the inspection team for the inspected State Party, during the inspection, to provide any equipment mentioned in paragraph 3 of this Section, shall be made in writing by an authorised member of the inspection team using the form contained in Attachment 5 to this Agreement. The same procedure shall also apply to other requests made by the inspection team in accordance with paragraph 30 of Part II of the Verification Annex.
5.
The specific location(s) of secure storage area(s), working areas and supporting infrastructure, that the inspected State Party has agreed to provide for the inspection team's equipment and supplies during the entire period of the inspection are contained in Part E of Attachment 5 to this Agreement.
6.
Agreed procedures for the decontamination of any such equipment are contained in Part C of Attachment 5 to this Agreement.
7.
The list of agreed on-site monitoring instruments, systems and seals, if any, as well as the lists of agreed conditions, procedures for use, maintenance, repair, modification, and replacement, of provisions for the support, if required, of the inspected State Party, and of installation points and security measures to prevent tampering with such on-site monitoring instruments, are contained in Part D of Attachment 5 to this Agreement.

Section 6. Pre-Inspection Activities

Upon arrival at the facility and before commencing inspection activity, the inspection team shall, in accordance with paragraph 37 of Part II of the Verification Annex, be briefed by the facility representatives. This briefing shall include the following:
(a) any changes or amplifications to the information declared by the inspected State Party in relation to the facility or contained in this Agreement;
(b) the topics of information for the pre-inspection briefing contained in Part A of Attachment 6 to this Agreement;
(c) any information about the facility that the inspected State Party has volunteered to provide to the inspection team during the pre-inspection briefing, together with indications of which information may be transferred off-site in accordance with Part B of Attachment 6 to this Agreement.
1.
The inspection team leader shall inform the representative of the inspected State Party during the inspection of each subsequent step to be taken by the inspection team in implementing the inspection plan. This shall be done in time to allow the inspected State Party to arrange for the necessary measures to be taken to provide access and support to the inspection team as appropriate, without unnecessarily delaying the conduct of inspection activities.
2.
Without prejudice to paragraph 47 of Part II of the Verification Annex, the list of the agreed documentation and records to be routinely made available for inspection purposes to the inspection team by the inspected State Party during an inspection, as well as the list of any arrangements with regard to access to such records for the purpose of protecting confidential information, is contained in Attachment 7 to this Agreement.
3.
Procedures for sampling and analysis for verification purposes are contained in Attachment 8 to this Agreement.
4.
The inspectors may employ, as appropriate, agreed markers or other inventory control devices to facilitate the verification at the facility of inventories of equipment and of chemicals. Agreed markers or other inventory control devices are contained in Part A of Attachment 5 to this Agreement, and inventory control procedures, including procedures for the use of inventory control devices, are contained in Attachment 9 to this Agreement.
1.
This section applies to visits conducted pursuant to paragraphs 15 and 16 of Part III of the Verification Annex.
2.
The size of a team on such a visit shall be limited to the number of personnel required to perform the specific tasks for which the visit is being conducted and shall in any case not exceed the inspection team size referenced in paragraph 4 of Section 1 of this Agreement.
3.
The duration of the visit pursuant to this section shall be limited to the minimum time required to perform the specific tasks for which the visit is being conducted. Access provided during the visit shall, unless otherwise agreed to by the inspected State Party, be limited to that required to perform the specific tasks for which the visit is being conducted.
4.
The administrative arrangements for a visit shall be the same as for the conduct of an inspection.

Section 9. Debriefing and Preliminary Findings

At the conclusion of the debriefing, which shall be conducted, in accordance with paragraph 60 of Part II of the Verification Annex, upon the completion of the inspection, the inspected State Party may provide the inspection team with written comments on any issue related to the conduct of the inspection.
1.
The inspected State Party shall provide for, or shall arrange for the provision to the inspection team of, the amenities listed in detail in Attachment 10 to this Agreement for the entire duration of the inspection, and in a timely manner. The inspected State Party shall be reimbursed by the OPCW for any costs arising from the provision of such amenities which have been incurred by the inspection team.
2.
Requests from the inspection team for the inspected State Party to provide or arrange amenities shall be made in writing by the authorised member of the inspection team using the form contained in Attachment 10 to this Agreement. The name of the authorised member of the inspection team should be communicated to the inspected State Party no later than at the point of entry. Such requests should normally be made as soon as the need for amenities has been identified. The provision of such requested amenities shall be certified in writing by the authorised member of the inspection team. Copies of all such certified requests shall be kept by both Parties.
3.
The inspection team has the right to refuse amenities that, in its view, are not needed for the conduct of the inspection, and which carry with them the inspected State Party's expectation of reimbursement.

Section 11. Liabilities

Any claim by the inspected State Party against the OPCW or by the OPCW against the inspected State Party in respect of any alleged damage or injury caused by intent or gross negligence, resulting from inspections at the facility in accordance with this Agreement, shall be without prejudice to paragraph 22 of the Confidentiality Annex, and shall be settled in accordance with international lawand, as appropriate, with the provisions of Article XIV of the Convention.

Section 12. Status of Attachments

The Attachments form an integral part of this Agreement. Any reference to this Agreement shall include its Attachments.
1.
Amendments to this Agreement may be proposed by either Party and shall be agreed to and shall enter into force under the same conditions as provided for under Section 16 of this Agreement.
2.
Modifications to the Attachments to this Agreement, with the exception of Attachment 1 and Part B of Attachment 5, may be agreed upon in writing at any time between the representative of the OPCW and the representative of the inspected State Party, provided that both are specifically authorised to do so. Each Party to this Agreement may revoke its consent to a modification not later than four weeks after the modification has been agreed upon. After this time period has elapsed, the modification shall be deemed to meet the requirements of Section 16 of this Agreement.
3.
Updates to Part A of Attachment 1 and Part B of Attachment 5 to this Agreement shall be made by the inspected State Party. Updates to Part B of Attachment 1 to this Agreement shall be made by the OPCW.

Section 14. Settlement of Disputes

Any dispute between the Parties that may arise out of the interpretation or application of this Agreement shall be settled in accordance with Article XIV of the Convention.

Section 15. Privileges and Immunities

Nothing in this Agreement shall be understood as a waiver of the privileges and immunities granted to the OPCW and its officials by the inspected State Party.

Section 16. Entry into Force

This Agreement shall enter into force upon signature, subject to approval by the Executive Council, on the date on which the OPCW and the inspected State Party have exchanged written notifications that their internal requirements for entry into force have been met.

Section 17. Duration and Termination

This Agreement shall cease to be in force when, as determined by the Executive Council, the relevant provisions of Article VI of the Convention and Part VI of the Verification Annex no longer apply to this facility.
DONE at The Hague in duplicate on 12 October 1998, in the English language.
For the Kingdom of the Netherlands
(sd.) M. E. C. GEVERS
M.E.C. Gevers
Ambassador, Permanent
Representative to the OPCW
For the OPCW
(sd.) J. M. BUSTANI
José M. Bustani
Director-General
Inhoudsopgave
Facility Agreement between the Kingdom of the Netherlands and the Organisation for the Prohibition of Chemical Weapons regarding on-site inspections at the schedule 1 facility located at the TNO Prins Maurits Laboratory
Section 1. General Provisions
Section 2. Health and Safety
Section 3. Confidentiality
Section 4. Media and Public Affairs
Section 5. Inspection Equipment
Section 6. Pre-Inspection Activities
Section 7. Conduct of the Inspection
Section 8. Visits
Section 9. Debriefing and Preliminary Findings
Section 10. Administrative Arrangements
Section 11. Liabilities
Section 12. Status of Attachments
Section 13. Amendments, Modifications and Updates
Section 14. Settlement of Disputes
Section 15. Privileges and Immunities
Section 16. Entry into Force
Section 17. Duration and Termination
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