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

CWC National Implementation K. Sukas asam am Head ad, Impl mplem emen entat tatio ion Suppor ort Inter ernat atio ional al Cooper operatio ation and Assistan istance Divisio ision 1

Outline  Na Nati tional onal 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 ort t an and as assistan stance ce 2 2

More than 20 years of implementation of 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 3 3

National implementation: Article VII Obliga gati tions ons “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 4 4

Relevant provisions of national implementing legislation 5 5 5

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. 6 6

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 7 7

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 8 8

Status of implementation Increasin reasing g no. of States es with h legislati islation on coverin ering g all initia ial measur sures es 2018 2017 123 2016 122 2015 118 2014 116 2013 112 107 9 9

Annual reports Status of Implementation • Note verbale inquiring on update of implementation 08/18 – 07/19 • Self assessment by States Parties Data is analysed and • consolidated into the reports • Report to Policy Making Organs 10 10

Annual reports 11 11

Assessment of current status Progress made in a number of aspects, but adoption of national o legislation is slow, a number of SPs are stuck “mid - stream” National implementation of the CWC is not considered a priority by o some SPs Lack of full awareness and understanding, or lack of agreement or o coordination, among relevant stakeholders Some SPs do not have sufficient technical expertise o Domestic landscape may have changed, and legal/regulatory o 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! 12 12

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 13 13