Declaration Thresholds and Aggregate National Data: Paper 16

RONALD G. SUTHERLAND, THOMAS STOCK, THOMAS KURZIDEM,
PATRICIA RADLER AND YORK VON LERSNER

Bad Homburg, Germany
8- 10 September 1995


Both Schedule 2 and 3 under the Chemical Weapons Convention (CWC) involethe requirement
of declaring aggregate national data (AND) without the CWC providing a definitionof AND.

There are substantive differences in the requirements:

- Schedule 2 includes quantities produced, processed, consumed, importedand exported; and
- Schedule 3 includes quantities produced, imported and exported

Plant site declarations also differ in that Schedule 2 declarations includeproducing,
processing and consuming while Schedule 3 only requires data on production.In addition,
there are significant differences on the reporting thresholds.

Schedule 2 Schedule 3
2A* 1kg 30 tonnes
2A 100 kg
2B 1 tonne

In the case of Schedule 2 the declaration requirement is for the total amountproduced. The
initial declaration will cover three years with annual declarations beingrelated to the previous
calendar year. In contrast, Schedule 3 only requires that the declarationsbe given in ranges:

30 - 200 tonnes;
200 - 1000 tonnes;
1000 - 10000 tonnes;
10000 - 100000 tonnes; and
above 100000 tonnes.

This presents several problems for the National Authority:
- how does one define AND?
- is there a different definition required for Schedules 2 and 3?; and
- what does an NA report to the OPCW?;

There is a debate as to what the CWC negotiators meant by "aggregatenational data": Does
this phrase mean the mere aggregation of all the production, processingand consumption above
the threshold plus the data on imports and exports or something more, i.e., the total activity in
Schedule 2 chemicals as obtained by a National Authority? If the former,then it would have
been better to term it "Aggregate National Declaration". The ExpertGroup on Industrial
Declarations Requirements has taken the simplest view that what is requiredfor Schedule 2 is
that the "aggregate national production equals the total of all individualproduction figures on the
declared Schedule 2 plant sites". This is arithmetic and adds nothingto the plant declaration
data; in particular, it tells you nothing of aggregate production belowthe threshold level and
gives you no information at all for these States Parties where all chemicalproduction involves
small chemical plants.

It does require that AND be interpreted differently for Schedule 3 productionsince there the
plant data is reported in ranges, i. e., it is impossible to aggregate datareported in ranges in any
meaningful way. There would appear to be two possible solutions. One isthat the declaration
of Schedule 3 data should be made in greater precision than the ranges demandedby the CWC
while the other would involve giving the total number of plants producingin each of the
requisite tonnage ranges.

Switzerland, for example, has suggested that amounts should be reportedat one tenth of the
threshold value for each class of chemicals. In the case of Schedule 3 theysuggest accuracy at
the ten tonne level i. e. plants report to the National Authority to theten tonne level to produce
AND and that this should be transformed into a range value in the declarationto the OPWC as
required by the Convention.

The above approaches are suitable for declarations made where verificationis likely to be
made by on- site inspections given that inspection thresholds are a factorof ten greater than
declaration thresholds. In other words they do fit with the needs of theTechnical Secretariat of
the OPCW. They do not provide complete transparency in national activitywith scheduled
chemicals.

If one steps back to the activities of a National Authority and the implementinglegislation
required to allow an NA to collect data on scheduled chemicals, it is almostcertain that the NA
will require data on all production facilities engaged in Schedule 2 and3 production as well as
processing and consumption facilities for Schedule 2 chemicals. This informationwill be
required before the question of production thresholds can be applied andis of particular
importance where actual production is below the threshold quantities. Itis likely then that most
National Authorities could make a more detailed declaration on AggregateNational Data than the
Expert Committee appears to have recommended. It should also be noted thatthere are no
thresholds for data on imports and exports.

This appears to leave a lacuna in the reporting system in that facilitiesproducing Schedule 2
below the threshold will be unreported while declarations will be requiredfor many discrete
organic chemicals of lower risk to the Convention.
It is suggested that National Authorities should be encouraged to make moredetailed
declarations on AND to the OPWC than required by the CWC as interpretedby some of the
Expert Committees in order to increase the level of confidence amongst StatesParties as to the
activity levels particularly in Schedule 2 chemicals.