DECISION : Detailed Requirements for the Destruction of Syrian Chemical Weapons and Syrian Chemical Weapons Production Facilities EC‑M‑34/DEC.1

Thirty-Fourth Meeting

EC-M-34/DEC.1

5 and 15 November 2013

15 November 2013

Original: ENGLISH

DECISION

DETAILED REQUIREMENTS FOR THE DESTRUCTION OF SYRIAN CHEMICAL WEAPONS AND SYRIAN CHEMICAL WEAPONS PRODUCTION FACILITIES

The Executive Council, Recalling the decision by the Executive Council (hereinafter “the Council”) on the “Destruction of Syrian Chemical Weapons” (EC-M-33/DEC.1, dated 27 September 2013), and also recalling the recognition in that decision of the extraordinary character of the situation posed by Syrian chemical weapons;

Noting that the Chemical Weapons Convention (hereinafter “the Convention”) entered into force for the Syrian Arab Republic on 14 October 2013;

Noting also the first monthly report by the Director-General on progress in the elimination of the Syrian chemical weapons programme (EC-M-34/DG.1, dated 25 October 2013), in which he stated that “the Syrian authorities have extended the necessary cooperation to the OPCW team in the conduct of its activities during the reporting period”;

Having considered the general plan for destruction submitted by the Syrian Arab Republic in its initial declaration, dated 23 October 2013, which states, inter alia, the reasons why the Syrian Arab Republic considers that the destruction of its chemical weapons would need to take place at facilities outside its territory, under strict verification by the OPCW, in order to meet the requirements set out in Council decision EC-M-33/DEC.1;

Recalling also the letter of the Director-General dated 3 October 2013 transmitting the United Nations Security Council resolution 2118 (2013), dated 27 September 2013, which authorises States to, inter alia, “… transport, transfer and destroy chemical weapons identified by the Director-General of the OPCW, consistent with the objective of the Chemical Weapons Convention, to ensure the elimination of the Syrian Arab Republic’s chemical weapons program in the soonest and safest manner”;

Noting further the statement by the Director-General (EC-M-34/DG.14, dated 5 November 2013), in which he identified the Syrian chemical weapons that could be transported for destruction outside the territory of the Syrian Arab Republic, pursuant to paragraph 10 of the United Nations Security Council resolution 2118 (2013);

Underscoring that no party in the Syrian Arab Republic should use, develop, acquire, produce, stockpile, retain or transfer chemical weapons and calling for full cooperation in order to implement this decision;

Recognising that action by the international community to ensure the elimination of the Syrian chemical weapons programme should be taken as soon as possible;

Recalling further the call by the Council in its decision EC-M-33/DEC.1 for all States Parties in a position to do so to provide voluntary contributions for activities carried out in the implementation of that decision;

Welcoming the offers of several States Parties to provide assistance related to the destruction of Syrian chemical weapons;

Recognising also that States Parties assisting in the destruction of Syrian chemical weapons, transporting Syrian chemical weapons from the territory of the Syrian Arab Republic to a State Party hosting destruction activities, or hosting destruction activities on their territory, pursuant to this decision and United Nations Security Council resolution 2118 (2013), must act in a manner “consistent with the objective of the Chemical Weapons Convention, to ensure the elimination of the Syrian Arab Republic’s chemical weapons program in the soonest and safest manner” and assign “the highest priority to ensuring the safety of people and to protecting the environment,” as specified in Article IV of the Convention;

Recalling further that, under Council decision EC-M-33/DEC.1, the Syrian Arab Republic shall complete the elimination of all of its chemical weapons material and equipment in the first half of 2014;

Recognising further that critical equipment at declared Syrian chemical weapons production facilities and some unfilled chemical weapons have already been destroyed under verification by the Organisation;

and Recalling further subparagraph 1(c) of Council decision EC-M-33/DEC.1, under which “the detailed requirements, including intermediate destruction milestones, [are] to be decided by the Council not later than 15 November 2013”;

Hereby:

1. Decides to establish the following detailed requirements for the destruction of Syrian chemical weapons and Syrian chemical weapons production facilities, which satisfy the requirements of Article IV of the Convention and Part IV(A) of the Verification Annex to the Convention (hereinafter “the Verification Annex”) with respect to the destruction of chemical weapons and of Article V of the Convention, and Part V of the Verification Annex with respect to chemical weapons production facilities;

Timeline for the destruction of chemical weapons and chemical weapons production facilities

2. Decides that, for actions in the Syrian Arab Republic, the following completion dates and other requirements shall apply subject to paragraphs 25 and 26 below:

(a) with respect to Syrian chemical weapons:

(i) for unfilled munitions: destruction on the territory of the Syrian Arab Republic not later than 31 January 2014;

(ii) for mustard agent and the key binary chemical weapon components DF, A, B, and BB, including BB salt, as declared by the Syrian Arab Republic: removal from the territory of the Syrian Arab Republic not later than 31 December 2013;

(iii) for all other chemicals declared by the Syrian Arab Republic: removal from the territory of the Syrian Arab Republic not later than 5 February 2014, with the exception that isopropanol shall be destroyed in the Syrian Arab Republic not later than 1 March 2014; and

(iv) for containers previously containing mustard agent, as declared by the Syrian Arab Republic, destruction of the residual mustard agent in the containers not later than 1 March 2014;

(b) with respect to Syrian chemical weapons production facilities, as specified in the Annex to this decision:

(i) for facilities specified in paragraph 1, destruction not later than 15 December 2013;

(ii) for facilities specified in paragraph 2, destruction not later than 15 January 2014;

(iii) for facilities specified in paragraph 3, destruction not later than 15 February 2014; and

(iv) for facilities specified in paragraphs 4 and 5, destruction not later than 15 March 2014;

3. Decides to establish the following dates for the destruction of Syrian chemical weapons outside the territory of the Syrian Arab Republic:

(a) for mustard agent and the key binary chemical weapon components DF, A, B, and BB, including BB salt: beginning of destruction as soon as possible with effective destruction not later than 31 March 2014, and destruction of any resulting reaction mass by a date to be agreed by the Council, based on the Director-General’s recommendation for the plan for destruction pursuant to paragraph 8 below; and

(b) for all other declared chemicals: beginning of destruction as soon as possible with completion of destruction not later than 30 June 2014;

4. Affirms that the Syrian Arab Republic maintains ownership of its chemical weapons until they are destroyed, wherever the destruction might take place;

5. Recognises that, upon removal of declared chemical weapons from its territory, the Syrian Arab Republic no longer has possession, nor jurisdiction, nor control over these chemical weapons;

6. Recognises also that the Syrian Arab Republic has informed States Parties that it is unable to meet the costs of destruction of the Syrian chemical weapons outside of its territory and the Council decides therefore to request the Director-General to establish a special trust fund for the financial resources needed for the activities related to the complete destruction of the Syrian chemical weapons outside the territory of the Syrian Arab Republic, and invites all States Parties in a position to do so to provide voluntary contributions for this purpose;

7. Recognises and welcomes that an international endeavour is being undertaken, including through the establishment by the Director-General of a special trust fund, to provide adequate assistance for the activities related to the complete destruction of the Syrian chemical weapons outside of the territory of the Syrian Arab Republic. The Director-General is requested to report to the Council if concerns arise with regard to the availability of the required financial resources, and to provide his recommendations on how further international resources can be secured;

8. Requests the Director-General, in close consultation with States Parties offering to host a destruction facility or otherwise providing assistance with transport or destruction, to present to the Council for its consideration, not later than 17 December 2013, a plan for the destruction of chemical weapons outside the territory of the Syrian Arab Republic which includes provisions for ensuring clear responsibility at each stage for all chemicals and takes into account all relevant considerations, including the dates specified in paragraph 3 above, requirements for safety and security, and overall costs;

9. Requests the Syrian Arab Republic to submit, not later than 1 January 2014, for review by the Council not later than 15 January 2014, its plan for destroying, on its territory, isopropanol and residual mustard agent in containers previously containing mustard agent;

10. Decides that the plans submitted pursuant to paragraphs 8 and 9 above will fulfil the requirements in subparagraph 7(a) of Article IV of the Convention;

11. Decides that, with respect to the destruction of chemical weapons removed from the territory of the Syrian Arab Republic, if the Director-General, in close consultation with a State Party hosting a destruction facility and relevant States Parties providing assistance with transport or destruction, determines that it will not be possible to ensure the destruction of chemicals according to a date specified in paragraph 3 above, he should immediately notify the Council, specifying the circumstances, and propose an alternative date for its consideration and approval, with a view to completing destruction as soon as possible;

Detailed arrangements with respect to chemical weapons transportation, storage and destruction

12. Decides that a State Party providing destruction assistance for Syrian chemical weapons, transporting Syrian chemical weapons from the Syrian Arab Republic to a State Party hosting destruction activities, or hosting destruction activities on its territory, subject to the requirement to act in a manner consistent with the object and purpose of the Convention:

(a) shall not be regarded as a possessor State Party or incur the obligations of a possessor State Party with respect to Syrian chemical weapons;

(b) is to provide the necessary access to the Technical Secretariat (hereinafter “the Secretariat”) for carrying out its verification activities with respect to Syrian chemical weapons;

(c) is to grant to the Secretariat during the conduct of such verification activities the privileges and immunities set forth in the Convention, in particular in Part II of its Verification Annex;

(d) is to consult closely with the Director-General in the implementation of this decision and provide information updates to him as necessary for his monthly reports to the Council;

(e) is to facilitate observation of the transport and destruction of chemical weapons by representatives of the Syrian Arab Republic; and

(f) is to take all measures to implement the relevant provisions of this decision and to meet the requirements provided for under paragraph 10 of Article IV of the Convention with respect to the safety of people and to protecting the environment;

13. Decides that facility agreements for chemical weapons storage facilities in the Syrian Arab Republic specifying the arrangements that shall govern inspections at such facilities pending the destruction or removal of the chemical weapons stored there, will be concluded between the Secretariat and the Syrian National Authority, and the Director-General will inform the Council accordingly upon conclusion;

14. Requests the relevant State Party hosting destruction activities, in close consultation with the relevant States Parties providing assistance with destruction and the Secretariat, to provide the Secretariat with the detailed facility information specified in paragraphs 30 and 31 of Part IV(A) of the Verification Annex, to the extent needed by the Secretariat for verification, not later than 30 days before the facility begins destruction operations;

15. Requests the Secretariat to develop, together with the relevant State Party hosting destruction activities and relevant States Parties providing assistance with destruction, for each destruction facility outside the Syrian Arab Republic an agreed detailed plan for verification and a draft facility agreement, and to forward them to the Council for review and approval, not later than 30 days before the facility begins operation. The review should be completed not later than 15 days before the facility begins operation;

Detailed arrangements with respect to chemical weapons production facilities

16. Requests the Secretariat to prepare a plan for verifying destruction of each declared Syrian chemical weapons production facility that remains to be destroyed, based on the plans for destruction submitted previously by the Syrian Arab Republic and in close consultation with it, and to submit the combined plans for destruction and verification to the Council for its consideration not later than 9 December 2013;

17. Decides, subject to paragraph 26 below, that, because all chemical weapons production facilities declared by the Syrian Arab Republic have already been inspected, no facility agreements for Syrian chemical weapons production facilities that will be destroyed within a short period of time are necessary;

Other provisions

18. Decides that the inspections carried out in the Syrian Arab Republic of chemical weapons storage facilities and Syrian chemical weapons production facilities since 27 September 2013 shall be deemed to be initial inspections pursuant to the provisions of the Convention;

19. Decides that the Syrian Arab Republic shall provide a monthly report to the Council regarding activities on its territory related to the destruction of chemical weapons and chemical weapons production facilities;

20. Decides that the Syrian Arab Republic shall certify:

(a) when the destruction of all of its chemical weapons production facilities has been completed, pursuant to subparagraph 9(c) of Article V of the Convention; and

(b) when all of its chemical weapons have either been destroyed inside or removed from its territory;

21. Requests the Secretariat to confirm through a report to the Council the completion of each stage of the plan specified in paragraphs 2 and 8 above;

22. Decides that the Secretariat shall report to the Council on the implementation of this decision in conjunction with its reporting required by subparagraph 2(f) of Council decision EC-M-33/DEC.1;

23. Authorises the Director-General to share, with the consent of the Syrian Arab Republic and in cooperation with the relevant States Parties, directly, or through the Special Coordinator of the OPCW-UN Joint Mission to eliminate the chemical weapons programme of the Syrian Arab Republic, or through the relevant National Authority, specific information on Syrian chemical weapons with entities offering to provide transport or to assist in destruction, subject to strict application of the “need-to-know principle” and conclusion of an appropriate confidentiality agreement between the Director-General and the relevant entity;

24. Requests the Director-General to explore, on an urgent basis, in consultation with the relevant States Parties, options for destruction in commercial chemical disposal facilities of the binary chemical weapons components and any associated reaction masses referred to in subparagraph 3(a) above, and the declared chemicals referred to in subparagraph 3(b) above, and to include his findings in the plan for destruction to be presented to the Council for its consideration pursuant to paragraph 8 above;

25. Requests the Director-General, in close consultation with the relevant States Parties, to report to the Council, no later than 2 December 2013:

(a) on the implementation of this decision, in particular on all pertaining circumstances, such as the security situation in the Syrian Arab Republic, availability of required financial, technical and logistical resources, identification of the location(s) where destruction outside the Syrian Arab Republic will take place, and on the progress in implementing paragraph 2 above and in devising the plan stipulated in paragraph 8 above; and

(b) on any problem relating to the implementation of this decision including, inter alia, in respect of paragraph 2; and to provide his recommendations for the consideration and action of the Council;

26. Decides that this decision is without prejudice to related decisions pending before the Council, including EC-M-34/DEC/CRP.1, EC-M-34/DEC/CRP.2, EC-M-34/DEC/CRP.3, EC-M-34/DEC/CRP.4, EC-M-34/DEC/CRP.5, EC-M-34/DEC/CRP.6, EC-M-34/DEC/CRP.7, EC-M-34/DEC/CRP.8, EC-M-34/DEC/CRP.9, EC-M-34/DEC/CRP.10, EC-M-34/DEC/CRP.11, and EC-M-34/DEC/CRP.12, all dated 8 November 2013; and

27. Recognises that this decision does not create any precedent for the future.

Annex

SYRIAN CHEMICAL WEAPONS PRODUCTION FACILITIES

1. Facilities with mobile units/systems designed for mixing and filling, and mixing and filling facilities where the specialised equipment is not yet dismantled, collocated with storage sites for binary components and/or empty munitions;

2. Facilities with disconnected or intact (not yet dismantled) equipment train/lines for the production of chemical agent or binary components;

3. Facilities with dismantled equipment for production and dismantled equipment for mixing and filling;

4. Facilities for production of other chemicals (e.g., thiodiglycol, acetic acid, etc.); and

5. Facilities that do not hold specialised or standard equipment.