CWC Implementation Country Studies - Sweden

PATRICIA RADLER


Introduction

Sweden ratified the Chemical Weapons Convention (CWC) on 17 June 1993. (1)In order
to make a speedy ratification possible, the ratification bill containedonly a proposal of
the legislation needed to implement the CWC. The bill on ratification wasapproved by
Parliament on 7 June 1993.

In 1988 Sweden made an official declaration that it does not possess andwill not
produce any chemical weapons (CW). (2) Thus, the obligations under the CWCwill
mainly refer to Article VI i. e., non- prohibited activities under the CWC.Sweden's
industry will of course be affected by the CWC. (3) A research laboratorybelonging to the
Swedish National Defence Research Establishment (FOA) (4) will be appointedthe single
small- scale facility. FOA belongs to the Ministry of Defence, thus, theGovernment
does not need to stipulate any additional clauses for the declaration ofFOA's activities. (5)

In Sweden it is necessary to incorporate an international treaty or conventioninto
national law before it can come into force. This is possible through anact approved by
the Parliament. (6) An international convention can be incorporated intonational law either
as a single legislative act (7) or as amendments to already existing acts.Sweden choose
the latter way. It may seem complicated for the Parliament to always amendnew
provisions to various acts, instead of approving one single implementingact. However,
Sweden's approach in implementing international treaties is to not havingrepetitions
and contradictions in various acts. Then it is also easier for the industryto apply the
rules which concern them since the provisions already affecting them beforeand the
new provisions regarding the implementation of the CWC are found in knownacts.
Regarding the implementation of the CWC in some cases the existing legislationalready
covered the obligations under the Convention, in other cases changes andamendments
were necessary.

The Government bill on implementing legislation was presented to the Parliamenton
the 9 December 1993. Amendments to affected acts are as follows: the Acton Items
which could be used for Mass Destruction (Dual- Use Act), (8) the Act onWar Material, (9)
the Penal Code, (10 )the Act on Immunities and Privileges, (11) and alsothe Ordinance on
Dual- Use Products (12) and the Ordinance on War Material (13) which bothconcern
declarations and export controls. These already existing acts were amendedby new
provisions. They were promulgated the 24 March 1994. A totally new act was
promulgated at the same time, the Act on Inspections. (14) The Governmenthas to take a
decision on when the amendments of the acts and the Act on Inspections willenter into
force. A pre- condition is that the CWC has entered into force and thenthe Swedish
implementing legislation will probably enter into force at the same time.(15) However, the
amendments of the Ordinances on Dual- Use Products and War Material alreadyentered
into force on 1 July 1994.

Assistance on the interpretation of Swedish legislation is given in theGovernment
bills on proposals to new legislation. In these proposals the Government,submissions
and transmissions to public authorities give their opinion on new legislationand how it
should be interpreted. (16) This preparatory work is required by Swedishlaw for the
interpretation of a new act. The Government's bill for the national legislationcaused by
the CWC gives guidelines how to analyse and interpret the various acts.(17)
Other acts which are involved in the implementation of the CWC are the Acton
Chemical Products, (18) the Act on Protection of Confidential Business Information,(19)
Customs Administration Act, (20) the Act on the Transport of Dangerous goods(21) and the
Act on Penalties for Run Goods. (22) Amendments to these acts regardingthe
implementation of the CWC have not been presented to the Parliament sincethe
provisions already covered the obligations under the CWC.


Main provisions

General aspects

Sweden does not possess chemical weapons and will therefore mainly be concerned
with provisions governing the chemical industry i. e., CWC Article VI, andpossible
challenge inspections under Article IX.

Article VII in the CWC requires national implementation. Each State Partyhas to
prohibit all natural and legal persons under its jurisdiction and controlfrom undertaking
any activity prohibited under the CWC, including enacting penal legislationwith respect
to such activity. Each State Party also has to install a national authoritywhich will act as
the point of liaison in relation to the OPCW. All States Parties have todeclare their
activities which fall under the CWC i. e., CWPF, CWDF, CWSF, old and abandoned
CW, Schedule 1, 2, 3 and 'other' (23) chemicals. Verification of these declarationswill
for example occur through on- site inspections. Confidential business information(CBI)
is to be protected.

The Swedish implementing legislation does not always use the same terminologyand
definitions as in the CWC. But the interpretation of the legislation isto correspond with
the Convention. (24)
There are no provisions in the Swedish legislation about what would happenif old
CW are found on Swedish ground.

The National Authority

According to the Governments bill, there is no need for specific legislationto meet
the CWC's requirements on establishing a National Authority. (25) The functionas the
National Authority and point of liaison with the OPCW can be solved withinthe frames
of the state administration through provisions in ordinances. A formal decisionon how
Sweden will structure and undertake the day- to- day work of the NationalAuthority has
not yet been taken. However, the Ministry of Foreign Affairs will be designatedas the
National Authority. It will act as an umbrella organisation and work inclose co-operation
with other authorities in implementing the CWC. The Ministry of Foreign
Affairs will be responsible for the contacts with the OPCW. Assignmentson the
national level will be designated to authorities which today already areaffected by the
CWC. The most important ones are the War Material Inspectorate (26) dueto chemicals
regarded as war material i. e., Schedule 1 chemicals, the Chemicals Inspectorate(27)
regarding chemicals used for civil matters i. e., Schedule 2, 3 and 'other'(28) chemicals
and the National Defence. (29) The Chemicals Inspectorate is designatedthe role as the
organ for collecting declarations and supervising activities in the industrywhich are
covered by the Convention.

Collection of information

The acts regulating the collection of information are the Act on StrategicProducts (30) and
the Act on War Material (31) with their respective Ordinances. (32) Accordingto the
Ordinance on Strategic Products the information regarding Schedules 2, 3and other
chemicals is to be collected by the Chemicals Inspectorate. (33) Accordingto the
Ordinance on War Material the declarations for Schedule 1 chemicals areto be handed
in to the War Material Inspectorate. (34) However, due to a Government decisionof 2
June 1994 the Chemicals Inspectorate is to take necessary steps requiredby the
ratification of the CWC and its EIF. After an agreement with the War Material
Inspectorate the Chemicals Inspectorate is collecting all the required declarations,both
for Schedule 1 and Schedules 2, 3 and other chemicals. The Chemicals Inspectoratehas
presented a statistic compilation of the information from the chemical industryto the
Government by the 1 June 1995. The questionnaires for declarations havebeen worked
out in co- operation with some affected facilities and manufacturer associations.

Consultation has also taken place with the Delegation for the Companies'Information
Submission (35) and FOA.

The Act on Strategic Products

The Act on Strategic Products (Dual- Use Act) presents declaration obligationsin
Sections 6A- 6C, which concern Schedules 2, 3 and other chemicals. (36)The Act is
applicable to chemical products and equipment which could be used for theproduction
of CW (chemical precursors). (37) These chemical products under the Section1 (4) are not
permitted to be imported to Sweden without license/ permission. The Governmentmay
provide exemption regarding the licence requirement for certain productsor for the
import from specific countries. (38)

In the extent to and in accordance with the Government's directions i. e.,the
Ordinance on Strategic Products, there is an obligation to give declarationsto the
Government or the authority which the Government designates, for anyonewho:
(a) produces, prepares, consumes/ uses, imports or exports chemical productsunder
Section 1 (4), or (b) during the last three years has produced, prepared,
consumed/ used, imported or exported such products, or (c) produces discreteorganic
chemicals (DOC). (39) The declaration is to include information about activitiesduring the
last calendar year, the activities planned for the forthcoming calendaryear and changes
in the activities which are planned for the on going calendar year. (40)The time frames are
given in the Ordinance.

Anyone who has made a declaration under Section 6 (b) has to submit information
and documents which may be necessary for the verification of the declarations.

Following a request by the Government or the authority appointed by theGovernment
to receive declarations, the company or person making the declarations hasto submit
the necessary information. For this purpose representatives from the Governmentor the
authority must have access to areas, premises and plants in order to verifythe
declarations. This may involve on- site investigations and the taking ofsamples. If
necessary the police may give assistance in order to that the Governmentor the
authority may obtain access to the plant for verification measures. (41)Thus, the Act on
Strategic Products provides a legal basis for inspection to verify whetherthe
declarations submitted by a facility are correct.

The 'authority' in the legislation text will probably be the National Authorityi. e., the
Ministry of Foreign Affairs and the Chemicals Inspectorate. According tothe
Government bill the Government has to give guidelines regarding which facilitiesare
covered by the declaration obligations and which information that has tobe submitted.

The guidelines should also include information regarding to whom and withinwhich
time periods the declarations have to be handed in. The Government Ordinanceon
Strategic Products provides this guidance.

The Ordinance on Strategic Products

The Ordinance provides detailed information concerning the declaration obligationsfor
Schedule 2, 3 and other chemicals. According to the Ordinance anyone who
commercially: (a) produces, processes, consumes/ uses, imports or exportssubstances
which are listed in Annex 6 Section 1 (which corresponds with Schedule 2in the
CWC); (b) during the last three calendar years has produced, processed,
consumed/ used, imported or exported these substances; (c) or, produces,processes,
consumes/ uses, imports or exports substances under Annex 6 Section 2 (which
corresponds with Schedule 3 in the CWC); (d) during the last calendar yearhas
produced, processed, consumed/ used, imported or exported these substances;(e) or
through synthesis produces more than 10 tonnes of non- listed discrete organic
chemicals (DOC) in Annex 6 or more than 10 tonnes a non- listed DOC containing
phosphorus, sulphur or fluorine (PSF), has to submit an initial and annualdeclaration
to the Chemicals Inspectorate. (42)

Interesting to notice is that there are no thresholds for Schedules 2 and3 chemicals
regarding to the declaration obligations and that the thresholds regardingthe
unscheduled DOC and PSF- chemicals are ten times lower than those requiredby the
CWC. (43) Second, the Ordinance states that the declaration obligation isonly for those
who commercially produce, process and so forth. A question that could ariseis
whether labs and institutes only involved in research activities also areincluded in the
declaration obligation under the Swedish legislation.

Sections 20- 24 provide the information which has to be included in thedeclarations
from the various undertakings. Section 20 provides the time limits for initialand annual
declarations. The declarations are to be submitted: (a) not later than the15 January
annually regarding activities for the passed calendar year, (b) no laterthan the 15
September annually regarding activities planned for the next year, and (c)no later than
30 days before an 'unanticipated activity' starts. (44) The initial declarationregarding
Schedule 2, 3 and other chemicals are to be submitted no later than 15 February1995. (45)

Section 21 concerns the name and address of the facility and how many plantsites are
within the facility, each plant site's full name and location, owner andhow many plants
are within the plant site and the main activities of the plant sites. Section22- 24 states
the information requirements for the initial and annual declarations. TheChemicals
Inspectorate may provide further detailed directions concerning the applicationof
Sections 19- 24. (46) If someone neglects to fulfil its declaration obligationwithin the time
frames, the Government or the authority appointed by the Government mayunder pain
of a fine prescribe the person to fulfil its obligation. (47)

The Act on War Material

CW, i. e., chemicals under Schedule 1 of the CWC, fall within the definitionof war
material covered by the Act of War Material. Regarding to this Act productionmeans
any kind of creation of war material. It is prohibited to produce war materialswithout a
licence. The Government may issue guidelines for the exemption of this licence
requirement for a yearly production of medical or pharmaceutical productsor for
research of a total quantity of most 100 g chemical products which are classifiedas war
material. (48) Anyone who has a licence has to submit, on faith and honour,a declaration
to a certain authority (the National Authority) concerning the activitiesfor which the
licence allows. (49) Upon request a licensee has to submit necessary informationand
documents for the verification of the declarations. The authority has tobe granted
access to the concerned plants. (50) The licensee has to notify the Governmentor the
authority appointed by the Government if any anticipated changes are plannedfor the
present calendar year concerning its activities in regard to the licencefor the production
of chemical products (51)

Sweden possesses 4 companies handling Schedule 1 chemicals. (52) These facilitiesare
working with Schedule 1 chemicals in research, for protective medical or
pharmaceutical purposes. Only one of these facilities produce Schedule 1chemicals,
i. e., the National Defence Research Establishment (FOA). This laboratoryis also
appointed as the single small- scale facility. (53) The licence provisionsin the Act on War
Material are not applicable to FOA. (54)

The Ordinance on War Material

The Ordinance relates to detailed provisions on Schedule 1 chemicals. Thedeclarations
by the chemical industry are to be submitted to the War Material Inspectorate.(55)
However, after an agreement between the Chemicals Inspectorate and the WarMaterial
Inspectorate, the Chemicals Inspectorate is designated as the collectorof the initial
declarations concerning Schedules 1, 2, 3 and other chemicals. For futuredeclarations
the War Material Inspectorate will prepare the Schedule 1 declarations.

Anyone who (a) produces, processes, consumes, acquires, disposes or stockpiles
substances contained in the Annex Section C (which corresponds with theSchedule 1
chemicals under the CWC), and (b) anyone who during the last calendar year
produced, processed, consumed, acquired, disposed or stockpiled those substanceshas
to submit a declaration to the Inspectorate. (56) The declaration obligationdoes not involve
anyone who on a yearly basis produces not more than 100 g of these chemicalproducts
for medical, pharmaceutical or research aims. (57)

Section 22 (b) proclaims the time frames for when the initial and annualdeclarations
have to be submitted. The declarations are to be submitted: (a) no laterthan 15 January
annually regarding the passed calendar year's activities, (b) no later than15 September
annually regarding the next calendar year's activities, (c) no later than210 days before a
new activity starts (initial declaration), and (d) the 15 October 1994 (regardingSections
22 c (1) and 22 d (a)( 2)( 5)) and 15 February 1995 (regarding the otherprovisions in
Sections 22 c and 22 d (a)) for the first initial declarations. (58) Section22 (c) provides
information such as the name, address, exact location of the facility, owner,activities
and so on which has to be included in the declaration. Section 22 (d) specifieswhich
certain information that has to be contained in the initial and annual declarations.

Verification - on- site inspections

Under the Swedish Constitution obligations interfering with personal andeconomic
affairs of private subjects is to be controlled by law. (59) Therefore acomplete new act on
Inspections was issued, since an inspection will interfere with rights ofindividuals.

The Government has to take decisions needed for the conduct of the international
inspections on a case- by- case basis. (60) The Act on Inspections doesnot make a
distinction between a routine or challenge inspection. There is no specificprocedure for
challenge inspections. The anticipated procedure under the CWC requiresthat decisions
can be adopted and necessary arrangements are taken within a short timelimit at a top
political level. But at the same time one has to remember that challengeinspections will
not take place very frequently. Sweden choose to create a working groupwithin the
Government which should be able to take the necessary decisions in the matterof a
challenge inspection. (61)

In order to facilitate international inspections under the CWC, the Governmentwill
designate a governmental authority for each inspection to assist the inspectionteam and
take decisions related to the conduct of the inspection, for example, themeasures which
may be taken in connection with an inspection. (62)
An inspection may not ordinarily include access to premises which constitutea
private home. (63) But in the case of a challenge inspection which specificallyinvolves
suspicions against a private home, it would be possible to inspect it withinthe
provisions of the criminal legal system. In such cases the challenge inspectionwould in
all probability entail the suspicion of a breach of national law. (64) Questionswhich
concern the rights of a private individual will always be referred to theGovernment, if
the individual so requests. (65)

Prior to an inspection, be it routine or challenge, entities which may beaffected by
such an inspection are to be given an opportunity to express their viewsand to ensure
their co- operation, if this can be achieved within the time frames underthe CWC. (66)

Even though co- operation with the inspected facility is preferred, an inspectioncan be
conducted without the co- operation and despite active opposition from managementand
staff. (67) Thus, this opportunity to express views need not be grantedif there is a risk
that it may seriously hinder the implementation of the inspection or ifthere are other
specific reasons for forgoing the expression of such views. If there isa co- operation
problem the Government or the appointed authority can request police assistance.(68) The
police authority has to provide the assistance required to implement theGovernment
decisions for inspections. (69)

An inspection, be it a routine or challenge, may include:

'( 1) the granting of access to an international inspection team accompaniedby
national escorts to an area, building, factory or any other facility underSwedish
jurisdiction;
(2) the stopping and inspection of goods traffic from the facility whichis subject to
the inspection;
(3) the taking of samples from property which is subject to the inspection;and
(4) the permission for the inspection team to bring in and use measuringequipment
and other technical equipment to collect and record information.

As a rule the inspection may not include access to private homes. ' (70)

In the application of the Act on Inspections special note is to be takenof the need to
protect information which is of importance for national security or whichis confidential
or secret for a company. (71) In the context of the act this means thatthe protection of
secret information is provided both to the Government's decisions regardingan
inspection and during the accomplishment of the inspection. (72) Swedenhas also an act
which underlines the importance of protecting CBI in general, namely theAct on the
protection of confidential business information. (73) It contains provisionsabout business
espionage, penalties, fines, compensation etc.

Facility Agreements

A facility agreement (FA) gives details concerning the access to an inspectedfacility.

The Swedish legislation does not provide explicit provisions concerningthe conclusion
of FA. One reason is probably that Sweden does not possess so many facilitieswhich
require FA under the CWC. Sweden has only a few Schedule 1 facilities. (74)It possesses
only two Schedule 2 facilities which require facility agreements under theCWC
declaration and verification thresholds. (75) For Schedule 3 and other chemicalfacilities it
is not required to conclude a FA unless requested by the State Party. (76)According to the
Ministry of Foreign Affairs the conclusion of a FA only involves the StateParty
Sweden and the OPCW (and not an individual), then no specific legislationhas to be
issued for the regulation of the rights and obligations in a FA. However,a FA affects a
facility owner during a future inspection. The Act on Inspections givesthe inspectors
very broad rights during an inspection. One of the reasons why the conclusionof a FA
is not mentioned in the act is that an inspection will require the Governmentto take
various decisions during the inspection. Decisions regarding the extentof access to the
inspected facility will be taken during the inspection. (77) Thus, the scopeof the Act on
Inspection is so wide that it indirectly covers the conclusion of FA.

Status of international inspectors and the role of national inspectors

According to the Act on Immunities and Privileges, the provisions on immunitiesand
privileges under the CWC are incorporated to Swedish law by a referenceto the
CWC. (78) Immunities and privileges are available for the OPCW (as an international
organisation) and the State Parties' representatives in the OPCW, personsin charge at
or commissioned by/ with the OPCW and observers during inspections. (79)

During an inspection the authority appointed by the Government to attendthe
inspection may decide on detailed issues which regulate the Government'sdecisions to
an inspection in order to execute the Government's decision. (This impliesthe taking of
decisions on how the inspection is to be accomplished in details.) However,such
matters have to be referred to the Government, which has to take decisions,if the
international inspection team or if a private individual whose rights areaffected, so
requests. On their own initiative the national inspectors may have to refera question
which is of special importance to the Government. An example would be ifthe question
concerns the relationship between Sweden and an other State. (80)

Export controls

The legal basis for export controls is the Customs Administration Act, (81)the Act on War
Material, the Act on Strategic Products, the Act on Chemical Products andthe
Ordinance concerning Embargo on certain Exports. (82)

The provisions which regulate export controls, are in the Acts on War Materialand
Strategic Products. There is a general prohibition of export of Schedule1 chemicals in
the Act on War Material. (83) Exemption may be provided for export of thechemical under
Schedule 1 if it concerns research, medical or pharmaceutical aims. (84)According to the
Act on Strategic Products Schedules 2 and 3 chemicals are not allowed tobe exported
without a licence. (85) The end- use certificate of an export must be submitted,both for
Schedule 1 and Schedules 2 and 3. (86) The Government is the authority totake decisions
concerning the issuing of export licences. (87)

Penal Sanctions

According to the CWC all States Parties have to prohibit natural and legalpersons
anywhere on its territory or in any other place under its jurisdiction andcontrol from
undertaking any activity prohibited to a State Party under the CWC, includingenacting
penal legislation with respect to such activity. The State Party must alsoprohibit in any
place under its control any activity prohibited to a State Party under theCWC and
extend its penal legislation to any prohibited activity undertaken anywhereby natural
persons, possessing its nationality. (88)

What is prohibited for a State Party is also prohibited for individuals.(89) According to
the Penal Code (90) anyone who: (a) develops, produces or in an other wayacquires,
stockpiles or keeps or transfers, directly or indirectly, CW to someone,(b) uses CW,
(c) participates in military preparations for the use of CW, or (d) usessubstances for
riot control as a method of warfare will be sentenced for prohibited connectionwith
CW to imprisonment at most four years. If the crime is heinous the sentencewill be
imprisonment for ten years or for a lifetime. At the consideration whetherthe crime is
heinous, one must consider all the facts in every individual case, e. g.,if the act was
meant to contribute the development, production or proliferation of CW orif these
weapons are used against humanity. (91)

According to the second chapter of the Penal Code any crime which is committedin
Sweden will be judged under Swedish law at a Swedish court. Crimes whichare
committed abroad can under special circumstances be judged under Swedishlaw. (92)
Crimes which are committed abroad will be judged according the Swedish lawand at a
Swedish court if the crime is an illicit connection with CW. (93) The requirementof the
extension of Swedish jurisdiction is met through the reference to the prohibited
connection with CW. (94)

Administrative regulations

The legislation on the national level is promulgated. But the practicalimplementation on
the national level still requires work. As mentioned above the co- ordinationof national
implementation resides within the Ministry of Foreign Affairs. A small workinggroup
assists this provisional NA. It consists of individuals from the Ministryof Foreign
Affairs, Ministry of Defence, the National Defence Research Establishment,the
Military Headquarters and the Chemicals Inspectorate (which all are publicauthorities),
who will work together in CWC related matters. The Custom and chemical industry
association have a permanent invitation to participate and co- operate withthe working
group. Other ministries and governmental offices are called into the workinggroup
when needed. When the CWC enters into force this group can assess inspectionsdone
in Sweden, suggest actions to be taken to improve the process on the Swedishside and
analyse and draw conclusions from inspections performed in other statesmembers to
the CWC.

The group will also have an active role during inspections. When Swedenis notified
of a future inspection the working group will promptly be assembled. Dependingon the
type of inspection and inspection object the group will be supplementedwith
representatives from other governmental offices and representatives fromthe inspected
site. The group will prepare the decisions to be taken by the Governmentand function
as a support to the national escort team. (95) In the initial stages ofan inspection the
working group will be responsible for the initiation and co- ordinationof the practical
and administrative preparations.

To manage inspections under the CWC Sweden is developing 'Inspection Manuals'.
They will for example describe the time frames for the inspections, thesequence of the
different actions to be taken after notification, lists of personnel, pointof entries
(POEs), information about transport to declared sites, lodging, communicationand
working premises for the inspection team and national escort and the responsibilitiesof
the offices involved.


Conclusion

Sweden's approach to the implementation of the CWC was to review existingacts
and ordinances. The implementing legislation is a combination of enactedamendments
to already existing legislation and the creation of a new act. The languageof and
definitions in the national legislation do not always correspond with CWC.However,
the national legislation is to be interpreted to correspond with the CWC.

Sweden was an early ratifier of the CWC and this implies that Sweden hada lot of
time for the setting up of the National Authority and for implementing thenecessary
legislation. The Swedish legal system accepts that the State ratifies aninternational
convention before the structure and approving of implementing legislationis finished.
Sweden will not create a new administrative body to work as the NationalAuthority.

The Ministry of Foreign Affairs will formally be appointed and be the pointof liaison
with the OPCW. The Ministry will act as an umbrella organisation and workclosely in
co- operation with other Governmental Departments and authorities in implementingthe
CWC. The Ministry of Foreign Affairs has the power to delegate the collectingof
information to already existing authorities, i. e., the Chemicals Inspectorate.

The legislation concerning the scheduled chemicals under the CWC are dividedinto
military and civilian purposes. Schedule 1 chemicals are dealt with underthe Act on
War Material and the responsible authority is the War Material Inspectorate.Schedule
2, 3 and other chemicals are dealt with under the Act on Strategic Productsand the
responsible authority is the Chemicals Inspectorate. After a successfulquestionnaire
round the Chemicals Inspectorate has presented a report to the Governmentconcerning
all companies affected by the CWC. The report does not include the distinctionbetween
facilities, plant and plant sites which is required by the CWC's declarationobligations.

The Act on Inspections does not produce a distinction in its provisionsregarding the
procedure for challenge inspections and routine inspections.

The legislation introduces national inspectors/ escort teams to supportfuture
inspections. These inspectors are allowed to verify the declarations ona national basis.

The legislation does not provide any explicit provisions for the conclusionof FA.
Reasons for this may be that: (a) The Act on Inspections is broad in scope.It gives the
inspectors a wide freedom of action and it covers, indirectly, the conclusionof FA. (b)
Sweden has a medium sized chemical industry which falls under the ArticleVI of the
CWC. It possesses few facilities which require the conclusion of FA underthe CWC.

Up to date there is an amendment which has to be done in the legislationbefore the
CWC enters into force. The PrepCom for the OPCW requires in its latest draftof the
Declaration Handbook (April 1995) concerning declaration forms that allfacilities
producing Schedule 2, 3 and other chemicals have to declare the producttypes by using
the Harmonized System (HS) Code and the main activities (for other chemicals,if
applicable) by using the Technical Secretariat (TS) Code. These declaration
requirements are easily accomplished by amending the Ordinance on StrategicProducts.




Footnotes

1 Sweden became the fourth ratification State.
2 CD/ PV. 481, 1988.
3 The Inspectorate has done a first survey where potential companies hadto submit whether they are involved with chemicals under the CWC. No thresholdswere required, only to respond yes or no to a questionnaire. 203 companieswere identified in this first step. A second survey has also been done toidentify thresholds and more exact information. A collocation of the informationhas been presented by the Chemicals Inspectorate to the Government (Kemikalieinspektionen,diarienummer 360- 744- 95). Of the 203 companies Schedule 1 chemicals areused by one company and also by the National Defence Research Establishment(FOA), the Swedish Defence Material Administration (Forsvarets Materielverk(FMV)) and the Commander in Chief for the National Defence (÷B/ Forsvaret).FOA is designated the single smale- scale facility. The other three companies/authorities are only using or producing Schedule 1 chemicals for a quantitynot more than 10 kg per year. Schedule 2 chemicals are used by 29 companies.Under these companies two plant sites consume annually more than 10 tonnesof Schedule 2 chemicals and will receive international inspections. Schedule3 chemicals are used by 174 companies. Mainly these companies import
the chemicals or import/ export these chemicals included in a chemical product.The production of Schedule 3 chemicals (technical quality) occurs at a fewcompanies. 'Capable' companies which are affected by the CWC
are 38. 33 of them concern the production of unscheduled DOC and 5 concernunscheduled DOC including P, S or F chemicals.
4 Forsvarets forskningsanstalt.

5 Regeringens proposition 1993/ 94: 120, Governments bill (proposal) regardingthe admission by
Sweden to the CWC; 9. Dec. 1993 (Lagstiftning med anledning av Sverigestilltrde till Frenta nationernas konvention mot kemiska vapen), at p. 26.
6 Dualistic system; compared with a monistic system.
7 see for example Norway, Act No. 10 of 6 May 1994.
8 The name of the Act is changed to Act on Strategic Products (Dual- UseProducts) (Lag (1991: 341) om strategiska produkter). Amendments up to SFS1994: 2061; Amendments concerning the CWC is SFS 1994: 121. Following Iwill always use the name Act on Strategic Products or Dual- Use Act andimplying the latest amendment i. e., SFS 1994: 2061. SFS always impliesthe Official Gazette.
9 Lag (1992: 1300) om krigsmateriel; amendments up to SFS 1994: 122. CWCrelated provisions are in 1994: 122.

10 Brottsbalken; Lag om andring i brottsbalken, SFS 1994: 119, which alsoinclude the CWC provisions.
11 Lag (1976: 661) om immunitet och privilegier i vissa fall; amendmentsup to SFS 1994: 2089,
amendment concerning the CWC is SFS 1994: 120
12 Forordning (1991: 343) om strategiska produkter; the Ordinance has alsochanged its name. amendments up to SFS 1994: 2060. Amendments related tothe CWC were promulgated the 26. May 1994 (SFS 1994: 535).
13 Forordning (1992: 1303) om krigsmateriel; amendments up to SFS 1994:534. Amendments related to the CWC were promulgated 26. May 1994, (SFS 1994:534).
14 Lag (1994: 118) om inspektioner enligt Frenta nationernas konventionom frbud mot kemiska
vapen.

15 Government bill, prop. 1993/ 94: 120, at p. 60.
16 comparable with German 'Kommentare zum Gesetz'.
17 Government bill, prop. 1993/ 94: 120.
18 Lag (1995: 426) om kemiska produkter; amendments up to SFS 1994: 1778.
19 Lag (1990: 409) om skydd for foretagshemligheter.

20 Tullag, SFS: 1960: 418
21 Lag (1982: 821) om transport av farligt gods.
22 Lag (1960: 418) om straff vid varusmuggling.
23 unscheduled DOC and PSF chemicals.
24 Government bill, prop. 1993/ 94: 120, at p. 57, for example, the definitionof CW corresponds with the CWC.

25 Prop. 1993/ 94: 120 at p. 54- 55.
26 Krigsmaterielinspektionen (KmI).
27 Kemikalieinspektionen.
28 PSF and DOC chemicals.
29 see Prop. 1993/ 94: 120 at p. 54.

30 This is the former Act on Items which could be used for Mas Destruction.Lag (1991: 341) om
strategiska produkter, amendments up to SFS 1994: 2061; amendments regardingCWC: SFS 1994: 121.
31 Lag (1992: 1300) om krigsmateriel, amendments up to SFS1994: 122 whichalso included CWC amendments.
32 Forordning (1994: 2060) om strategiska produkter, in force since 1. Jan.1995, at the same time the Ordinance on items which could be used for massdestruction stopped being valid. The substance of both Ordinances are thesame. It's only the name that is changed. Amendments regarding the CWC arein SFS 1994: 535. The other Ordinance is: Forordning (1992: 1303) om krigsmateriel;amendments up to SFS 1994: 534 which includes the CWC amendments.
33 SFS 1994: 2060 ß 19 (ß 10 in SFS 1994: 535).
34 SFS 1992: 1303 ß 22a in SFS 1994: 534.

35 Foretagens uppgiftslamnardelegation (FUD).
36 Lag (1991: 341) om strategiska produkter, ßß 6a- 6c. Lastamendment in SFS 1994: 2061
37 Act on Strategic Products ß 1( 4) and (5).
38 ibid. ß 6a; Provisions on exports are in Section 3.
39 ibid. ß 6b (1)-( 3).

40 ibid. ß 6b subparagraph 2 (1)-( 3).
41 Act on Dual- Use Products ß 6c.
42 Ordinance on Strategic Products ß 19. These provisions are alsovalid for equally composed chemical products, mixtures, formulations orothers which include any of the substances in
Annex 6. The term produce also implies an intermediate, co- product, by-product or impurity. Section 19 subparagraphs 2- 4 in the Ordinance.
43 see Verification Annex (VA) of the CWC Part IX under A 1 (a)( b); morethan 200 tonnes of unscheduled DOC and 30 tonnes for unscheduled DOC containingPSF.
44 For PSF and DOC chemicals the declarations must be submitted annuallythe 15 January regarding activities for the passed calendar year and the15 February regarding initial declaration.

45 Section 20 subparagraph 1 (3) and subparagraph 2 (2).
46 Section 25 subparagraph 3.
47 Ordinance on Strategic Products, Section 26 compared with the Act onDual- Use Products, Section 15.
48 Act on War Material, Section 3.
49 ibid. Section 19.

50 ibid. Section 20.
51 ibid. Section 21.
52 Except for one company they are public undertakings.
53 Government bill, prop. 1993/ 94: 120, at p. 21.
54 This is an exemption from the licence requirement, only applicable topublic authorities not involved in business activities; Government bill,prop. 1993/ 94: 120, at p. 21.

55 Ordinance on War Material, Section 22 a.
56 ibid; this is also valid for equally composed chemical products, mixtures,formulations or others which are contained in the Annex Section C. Producealso means an intermediate, co- product, by- product or impurity.
57 ibid. Section 22 a (3).
58 For the 15 October: Sections 22 c (1) and 22 d (a) (2)( 5) and for 15February: the other provisions in Sections 22 c and 22 d (a).
59 RF kap. 8, The Swedish Constitution, chapter 8.

60 Act on Inspections (SFS 1994: 118) Section 2.
61 Government bill, prop. 1993/ 94: 120 at p. 55.
62 ibid.
63 ibid. Section 4 last paragraph.
64 Penal Code, chapter 22 Section 6; Brottsbalken 22: 6.

65 ibid. Section 5.
66 Act on Inspection, Section 3.
67 ibid.
68 Dual- Use Act, Section 6 c.
69 Act on Inspections, Section 5 (2)

70 ibid. 8
71 ibid. Section 6.
72 Government bill, prop. 1993/ 94: 120, at p. 57.
73 Lag (1990: 409) om skydd for foretagshemligheter.
74 See footnote number 3.

75 ibid.
76 CWC VA Part VIII B 19 and Part IX B 16.
77 Government bill, at p. 55.
78 Lag (1976: 661) om immunitet och privilegier i vissa fall with the CWCamendments
SFS 1994: 120.
79 ibid. Annex at point 44.

80 ibid. and also Governemnts bill, prop 1993/ 94: 120 at p. 56.
81 Tullag, SFS 1960: 418.
82 SFS 1986:
83 War Material Act, Section 6.
84 Government bill, prop. 1993/ 04: 120, at p. 23- 24, decisions are totaken by the Government.

85 Act on Strategic Products, Section 3.
86 ibid. Government bill, prop. 1993/ 94: 120, for Schedule 1: p. 24; Schedule2: p. 32- 33; Schedule 3: p. 36.
87 Government bill, prop. 1993/ 94: 129, at p. 30- 31.
88 CWC Article VII (1).
89 Government bill, prop. 1993/ 94: 120, at p. 57.

90 Chapter 22 Section 6.
91 Penal Code (BrB) 22: 6 a.
92 Penal Code (BrB) 2: 1 and 2.
93 ibid. Section 3.
94 Government bill, prop. 1993/ 94: 120 at p. 41.

95 Government bill, prop. 1993/ 94: 120 under chapter 5. 4. (especiallyp. 50) and also Runn, Per, Swedish Legislation and Preparations for Declarationsand Inspections, at p. 3, Seminar on NI of the CWC, The Hague, 30. Sept.1994.