CWC National Implementation K. Sukas asam am Head ad, Impl - - PowerPoint PPT Presentation

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CWC National Implementation

• K. Sukas

asam am Head ad, Impl mplem emen entat tatio ion Suppor

• rt

Inter ernat atio ional al Cooper

• peratio

ation and Assistan istance Divisio ision

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Outline

• Na

Nati tional

• nal Implementat

plementation ion under der CWC

• Initial

tial me meas asures ures

• Sta

tatu tus s of implemen lementat tation ion of Ar Article ticle VI VII

• Supp

ppor

• rt

t an and as assistan stance ce

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More than 20 years of implementation

• f the CWC
• 193 States Parties and 191 National Authorities
• > 97% of declared chemical weapons stockpiles verifiably destroyed
• More than 3,500 inspections conducted, at the rate of 241

inspections a year

• 123 Member States have adopted national legislation covering all

initial measures

• 156 SPs with information on protection programmes

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National implementation: Article VII

Obliga gati tions

• ns

“Each State Party shall, in accordance with its constitutional processes, adopt the necessary measures to implement its obligations under this Convention.”

• To establish/designate a National Authority
• To enact penal law with prohibitions and penalties
• To ensure extraterritorial application of penal law
• To ensure cooperation and mutual legal assistance
• To inform the OPCW of measures taken to implement CWC

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Relevant provisions of national implementing legislation

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National implementation measures

• In 2013, States Parties agreed on a new set of criteria to be used by the

Secretariat to monitor the status of implementation of the Convention.

• The “initial

tial meas asure ures” comprise the minimum set of legislative measures deemed necessary for a non-possessor State Party that has no declarable chemical production facility on its territory.

• Possessor States and SP that have declarable chemical production

facilities must also implement “Addit itiona ional l meas asures ures”.

• More comprehensive and objective overview of the implementation of

the Convention by SPs, and provide guidance to TS on planning and providing technical assistance.

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What are Initial Measures?

• Legislative provisions that are critical to effective

national implementation of the CWC

• Allow for CWC to be enforced in national courts
• Enable States to prevent and penalize violations of the

CWC

• Enable SPs to submit information to TS, and TS to

submit to the Policy Making Organs a report that reflects status of national legislation adopted by States Parties

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Initial Measures

1. Definitions 2. Establishment of a National Authority 3. Prohibited Activities 4. Penalties for violations 5. Control regime for Scheduled and toxic chemicals and reporting on transfers 6. Basis for implementing regulations 7. Extra-territorial application

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Status of implementation

2013 107 2014 112 2015 116 2016 118 2017 122

Increasin reasing g no. of States es with h legislati islation

• n coverin

ering g all initia ial measur sures es

2018 123

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Annual reports

Status of Implementation

• Note verbale inquiring on update
• f implementation 08/18 – 07/19
• Self assessment by States Parties
• Data is analysed and

consolidated into the reports

• Report to Policy Making Organs

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Annual reports

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Assessment of current status

• Progress made in a number of aspects, but adoption of national

legislation is slow, a number of SPs are stuck “mid-stream”

• National implementation of the CWC is not considered a priority by

some SPs

• Lack of full awareness and understanding, or lack of agreement or

coordination, among relevant stakeholders

• Some SPs do not have sufficient technical expertise
• Domestic landscape may have changed, and legal/regulatory

framework needs to be reviewed and updated Adoption of legislation is the first step – law must then be implemented Coordination at the national level is crucial for effective implementation!

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Support rt and Assistance

• Development and adoption of national legislation
• Enhance national capacity of NA and stakeholders to effectively

discharge their duties and responsibilities

• Outreach, sensitization and awareness raising
• Strengthen coordination between NA and relevant national

stakeholders, especially customs and chemical industry

• Promote using of national implementation framework as the basis for

producing a comprehensive needs assessment and national implementation plan

• Facilitate sharing of best practices among SPs
• Cooperation with regional and international organizations