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

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

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".

Section

1

General Provisions

Section

2

Health and Safety

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.

Section

5

Inspection Equipment

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.

Section

7

Conduct of the Inspection

Section

8

Visits

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.

Section

10

Administrative Arrangements

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.

Section

13

Amendments, Modifications and Updates

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

Attachments

Attachment 1

Administrative Factors for the Conduct of Inspections

Attachment 2

Health and Safety Requirements and Procedures

Attachment 3

Specific Arrangements in Relation to the Protection of Confidential Information at the Facility

Attachment 4

Arrangements for the Inspection Team's Contacts with the Media or the Public

Attachment 5

Inspection Equipment

Attachment 6

Information on the Facility Provided in Accordance with Section 6

Attachment 7

Records Routinely Made Available to the Inspection Team at the Facility

Attachment 8

Sampling and Analysis for Verification Purposes

Attachment 9

Inventory Control Procedures for the Use of Inventory Control Devices

Attachment 10

Administrative Arrangements

Attachment

1

Administrative Factors for the Conduct of Inspections

Part

A

To be provided and updated by the inspected State Party:

  • (a)

    Facility working hours: 9.00 hrs. to 16.00 hrs. (local time),

  • (b)

    working days: Monday to Friday inclusive,

  • (c)

    holidays or other non-working days: January 1, April 30, May 5, December 5, 25, 26, 31, Friday before Easter, Day after Easter, Ascension Day, Day after Ascension Day, and Day after Pentecost,

  • (d)

    the following inspection activities could not be supported during non-working hours:

    Access to the facility for the handling of highly toxic chemicals, assistance by site personnel for the use of analytical equipment and equivalent at site, any handling of highly toxic chemicals.

Part

B

To be provided and updated by the OPCW:

  • (a)

    Estimated period of inspection (for planning purposes): 72 hours,

  • (b)

    The inspection team shall consist of no more than 4 persons,

  • (c)

    Number of sub-teams to be accommodated: no more than 2,

  • (d)

    Estimated volume and weight of equipment to be brought on-site: up to 150 kg, 1 m3.

Attachment

2

Health and Safety Requirements and Procedures

  • A.

    Negotiated agreements accommodating differences between the health and safety regulations and requirements of the OPCW and those in force at the facility:

    No differences

  • B.

    Agreed cases where the health and safety regulations and requirements at the facility are more stringent than those stipulated by the OPCW Health and Safety Policy:

    None

  • C.

    Agreed conditions and procedures for on-site sampling and analysis for the purposes of personal safety of the inspection team:

    • .

      IT shall always be escorted by at least two designated employees of TNO-PML.

    • .

      The medical doctor of TNO-PML shall be present at TNO-PML throughout the period that the IT has access to the facility.

    • .

      The ISP shall advise in a timely manner the IT on the proper protective measures, such as wearing of lab coats, gloves, glasses.

    • .

      Gas masks are available at the Toxlab for use by the IT. A mask fit test shall be conducted prior to use. The IT may use their own personal protective mask. The filter canister of the mask will be retained at the site after use. Alternatively, site personnel will provide the IT with appropriate filter canisters for their masks. All other personal protective equipment will preferably be provided by the site. In case the IT uses its own personal protective equipment, the ISP has the right to retain wholly or partly that equipment of the inspection, if deemed necessary, in accordance with paragraph 5.5.1 (c) of the OPCW Health and Safety Policy.

    • .

      ISP personnel shall take samples under observation of IT personnel.

    • .

      The site can provide properly trained personnel to operate appropriate detection instruments when requested by the IT. A chemical agent monitor will be available during on-site sampling and analysis.

  • D.

    Provisions governing the use of the occupational health and safety equipment of the OPCW, if the use of such equipment is requested by the inspected State Party and agreed to by the OPCW:

    None at this stage

  • E.

    Specific medical requirements necessary to comply with the health and safety regulations at the facility:

    The medical doctor of TNO-PML shall be present at TNO-PML during any inspection activities being conducted in potentially hazardous areas. The IT shall provide the following records: 1. medical summary, 2. Certificate of fitness for use of IPE, 3. Medical records in a sealed envelope (for use by medical doctor only).

  • F.

    Any necessary co-ordinated action(s) required for the provision of medical assistance to inspectors in case of accidents and emergency situations, and administrative arrangements for the division of responsibility:

    • .

      All actions taken in the event of an accident or an emergency situation will be according to site regulations, which have been provided to the OPCW and are available from the Health and Safety Branch of the OPCW for inspection planning and pre-inspection briefing purposes. The IT shall fully comply with these regulations and follow the instructions given by the site representative. For accidents and emergency situations involving highly toxic chemicals TNO-PML and the local emergency rescue services have established routines for actions. The IT will be briefed on these routines during each pre-inspection briefing.

    • .

      Trained and properly equipped site personnel including a specialised medical doctor for evacuating persons from the premises for highly toxic chemicals in case of accidents or emergency situations are available during working hours. A room equipped with first-aid medical apparatus is part of the TNO-PML premises. Autoinjectors and decontamination powder are available.

    • .

      Qualified medical treatment is available at the Leyenburg Hospital, The Hague.

Attachment

3

Specific Arrangements in Relation to the Protection of Confidential Information at the Facility

  • A.

    The ISP will provide a container to be placed under joint seal to maintain documents that the IT or the site representative decides to be kept as reference for future inspections.

  • B.

    Documents provided to the IT will be classified in three categories:

    Documents or parts of documents to be taken off-site. These will consist of copies of documents relevant to the finalisation of the inspection report by the IT. These documents will be signed by a representative of the National Authority. The marking of the documents will clearly state the right to take the documents off-site and giving the level of protection according to the OPCW policy on confidentiality (R/P/H).

    Documents or parts of documents containing confidential information that the IT is allowed to use at the site but not to take off-site. The documents will be signed by a representative of the National Authority. If so requested by the IT, copies of the documents can be placed in the joint sealed container.

    Documents or parts of documents that the IT is allowed to use only under direct supervision of a representative of the National Authority or a designated site representative. Copies of these documents can be placed in the jointly sealed container.

  • C.

    Copies of documents made available to the IT partly containing sensitive information not relevant to the purpose of the inspection can be taken off-site, if required, provided that such not relevant parts have been deleted by the ISP.

  • D.

    If the IT would request the sampling and analysis of chemicals identified by the ISP as non-scheduled compounds, stored within or outside the inspected facility, the representative of the National Authority will request that the IT uses their own blinded analytical equipment as contained in the list of approved inspection equipment.

  • E.

    Any copying of documents or sending of fax messages will be done by a designated site representative in the presence of a member of the IT.

  • F.

    Items to be photographed shall be selected in agreement with the ISP.

Attachment

4

Arrangements for the Inspection Team's Contacts with the Media or the Public

The OPCW Media and Public Relations Policy applies. However, all contact with the media and the public relating to the inspection is to be handled by the National Authority.

Attachment

5

Inspection Equipment

Part

A

Equipment referred to in paragraph 1 of Section 5 of this Agreement

Restriction(s) (specify nature, location, time periods, etc.)

Reason(s)(safety, confidentiality, etc.)

Alternative(s) for meeting inspection requirement(s)

To be selected from the list of approved inspection equipment.

Only equipment that is strictly needed, as determined by the inspection team, to execute the inspection mandate in the building for the handling of highly toxic compounds, are allowed to be brought into Building 91.

General safety rule

Part

B

Equipment referred to in paragraph 3 of Section 5 of this Agreement

NMR

via TNO-PML operator

via TNO-PML operator

no costs involved if the analysis time does not exceed one working day

GC-MS

via TNO-PML operator

via TNO-PML operator

LC-MS

via TNO-PML operator

via TNO-PML operator

Part

C

Procedures for the decontamination of equipment referred to in paragraph 6 of Section 5 of this Agreement:

According to TNO-PML standard procedures. If OPCW equipment is used, decontamination procedures shall comply with OPCW standards as a minimum as long as these meet the requirements of the ISP.

Part

D

Agreed on-site monitoring instruments referred to in paragraph 7 of Section 5 of this Agreement:

None

Part

E

Agreed Locations, Areas and Infrastructure for Equipment referred to in paragraph 5 of Section 5 of this Agreement:

Storage space: in rooms 486, 471 or 560 in building 137.

Attachment

6

Information on the Facility Provided in Accordance with Section 6

Part

A

Topics of information for the pre-inspection briefing:

  • (a)

    Specification of the elements constituting the declared facility, including their physical location(s), with indications as to which information may be transferred off-site:

    Geographic outline of the facility.

    Boundary definition of the facility.

    Health and safety regulations, procedures and facilities.

    Security regulations.

    Schedule 1 chemicals storage location and registration procedures.

    Site tour of the facility for handling of highly toxic chemicals.

  • (b)

    Other:

    Description of non-declared areas and activities involving Schedule 1 chemicals in building 91 and associated laboratories and test rooms in building 137.

    Names and function of personnel of TNO-PML and the National Authority involved in the inspection.

    Number of personnel involved in the synthesis of Schedule 1 chemicals.

Part

B

Any information about the facility that the inspected State Party volunteers to provide to the inspection team during the pre-inspection briefing with indications as to which information may be transferred off-site:

To be determined on a case by case basis.

Attachment

7

Records Routinely Made Available to the Inspection Team at the Facility

Specific Schedule 1 compounds and detailed inventories.

Training programme of personnel involved in Schedule 1 activities.

Records of incidents related to Schedule 1 chemicals without names of personnel involved.

Logbook of the use of keys for storage facilities of Schedule 1 chemicals.

Records of the distribution of Schedule 1 chemicals.

Records of authorisation for experiments with Schedule 1 chemicals.

Quarterly records by stock controller regarding use of Schedule 1 chemicals.

Annual compilation of quarterly records of the use of Schedule 1 chemicals.

The sections of laboratory logbooks related to synthesis of Schedule 1 chemicals. Upon request, sections of laboratory logbooks related to the analysis of Schedule 1 chemicals.

Attachment

8

Sampling and Analysis for Verification Purposes

Part

A

Agreed sampling points chosen with due consideration to existing sampling points used by the facility operator(s);

Chemicals may be sampled on request.

When the total stored amount of the chemicals is small, care should be taken not to consume or destroy the original stock.

Part

B

Procedures for taking samples:

All sampling and, when applicable, dilution of samples will be conducted by site personnel under the supervision of the IT.

Part

C

Procedures for sample handling and sample splitting:

Sample handling and splitting will be carried out by the facility personnel under the supervision of the IT, following relevant OPCW recommended operating procedures.

Part

D

Procedures for sample analysis:

Upon request and subject to agreement, samples can be analysed by the inspected State Party under the supervision of the inspectors, or the samples can be analysed by the inspectors using their own equipment under the supervision of a representative of the National Escort Group. This does not prejudge the right of inspection team to take the samples for analysis off-site.

Part

E

Arrangements in regard to the payment of costs associated with the disposal or removal by the inspected State Party of hazardous waste generated during sampling and on-site analysis during the inspection:

Removal of liquid waste up to one litre and/or solid waste up to one kilogram will be without cost to the IT.

Attachment

9

Inventory Control Procedures for the Use of Inventory Control Devices

The inspection team and the inspected State Party have agreed that tags and/or seals could be applied to the following items of equipment:

Not applicable

Attachment

10

Administrative Arrangements

Part

A

The amenities detailed in subparagraphs (a)–(h) below will be provided by the inspected State Party, subject to payment as indicated in Part B below:

  • (a)

    local communication:

    Local communication by means of telephone and telefax; for restrictions see Attachment 3;

  • (b)

    1 vehicle of 4 passenger type, with driver, for transport on-site and between the site and living quarters;

  • (c)

    Working space, including storage space, at the site consisting of a small conference room. In case the IT wants to perform analytical activities a fume hood and laboratory table will be provided (working area: a laboratory in building 91 with supporting infrastructure (gas, water, etc.));

  • (d)

    Lodging at a nearby hotel and consisting of single-room type accommodation;

  • (e)

    Meals (lunch) at TNO-PML;

  • (f)

    Medical care, as necessary, at TNO-PML or Leyenburg Hospital, The Hague;

  • (g)

    Interpretation services:

    • (i)

      number of interpreters: none

    • (ii)

      estimated interpretation time (working hours): not applicable

    • (iii)

      languages: English

  • (h)

    other: none

Part

B

Distribution of costs for provision of amenities by the inspected State Party (tick one option for each amenity provided as appropriate)