Kenyon, I.R.

Sims, N.A.

English

Bradford Scholars

 The University of Bradford Institutional Repository  This work is made available online in accordance with publisher policies. Please refer to the repository record for this item and our Policy Document available from the repository home page for further information.       Author(s): Kenyon I.R. and Simons, N.A.       Title: Draft Resolution Establishing the Preparatory Commission for the       Organisation for the Prohibition of Biological Weapons       Project: Bradford Project on Strengthening the Biological and Toxin Weapons       Convention (BTWC) Publication year:  2000 BTWC Briefing Papers: 1st Series: No. 30 Series Editor(s): Pearson, G.S. and Dando, M.R. Publisher: University of Bradford (http://www.brad.ac.uk)  Publisher’s repository:  http://bradscholars.ac.uk:8080/dspace  Copyright statement: © 2000 University of Bradford. This work is licensed under a Creative Commons Licence (http://creativecommons.org/licenses/by-nc-nd/2.0/uk/).  1DRAFT RESOLUTION ESTABLISHING THE PREPARATORY COMMISSIONFORTHE ORGANISATION FOR THE  PROHIBITION OF BIOLOGICAL WEAPONSby Ian R. Kenyon#  & Nicholas A. Sims*Introduction1.   The next stage after the completion of the negotiation of the Protocol is to consider thelanguage for the resolution establishing the Preparatory Commission for the Organization forthe Prohibition of Biological Weapons.   As a proposed complete text was presented inEvaluation Paper No. 171 in March 2000, it is now timely to consider the resolution toestablish the Preparatory Commission.2.  This analysis draws upon the Paris Resolution2 adopted by the Signatory States to theChemical Weapons Convention on 13 to 15 January 1993 and the comparable Resolution3establishing the Preparatory Commission for the Comprehensive Nuclear Test-Ban TreatyOrganization which was adopted on 19 November 1996.Draft Resolution3.  For clarity, the OPCW Paris Resolution, the CTBTO Resolution and the Draft OPBWResolution are shown side by side together with a comment column in which a briefexplanation is provided for the text proposed for the draft OPBW resolution.4.  Following the comparative tabulation, the principal points where different language isproposed based on the experience particularly of the Preparatory Commission and theProvisional Technical Secretariat of the Organization for the Prohibition of ChemicalWeapons are summarized.5.  Finally, in a concluding section, the recommended text for the draft Resolution to establishthe Preparatory Commission for the Prohibition of Biological Weapons is provided.                                                # Ian R Kenyon is a Visiting Fellow, Department of Politics, University of Southampton, UK, previouslyExecutive Secretary of the Preparatory Commission for, and Head of the Provisional Technical Secretariat of,the Organisation for the Prohibition of Chemical Weapons, The Hague, Netherlands.* Nicholas A. Sims is a Senior Lecturer in International Relations in the Department of International Relations atthe London School of Economics and Political Science, University of London, Houghton Street, London  WC2A2AE, UK.1Graham S. Pearson, Nicholas A. Sims, Malcolm R. Dando & Ian R. Kenyon, The BTWC Protocol:  ProposedComplete Text  for an Integrated Regime, Evaluation Paper No. 17, Department of Peace Studies, University ofBradford, March 2000. Available on http://www.brad.ac.uk/acad/sbtwc2Paris Resolution in Lisa Tabassi (ed), OPCW: The Legal Texts, T.M.C. Asser Press, The Hague, 1999, pp.523-530.3Resolution establishing the Preparatory Commission for the Comprehensive Nuclear Test-Ban TreatyOrganization, Meeting of States Signatories, New York, 19 November 1996, CTBT/MSS/RES/1, 17 October1996. Available at http://www.ctbto.org2Click this link to go to the comparative tabulation →36.  The principal points where different language has been proposed for the draft ProtocolResolution are the following:a. Annex Para 2.  The 60 day period after signature by 50 States is preferred to the 30day period in the OPCW Resolution because this will give the Secretary-General alittle more flexibility in finding suitable conference facilities.b.  Annex Para 5 b).  The Preparatory Commission to the OPCW had no legal basisunder which actions could be taken against non-payers who had failed to make theircontributions to the expenses of the Preparatory Commission and of the ProvisionalTechnical Secretariat.  As the OPCW Preparatory Commission only had a four yearlife, this was not in the event a serious problem although there were a number ofStates which failed to meet their financial obligations.  The CTBTO languageprovides a clear solution should problems arise with non-payers and this language istherefore recommended for the OPBW resolution.c.  Annex Para 5 c).  As it is unlikely that the Prepcom will be given any operationalfunctions with regard to Protocol verification, it is judged unnecessary to proposeparallel language to the CTBTO para 5 c).  However, if it were decided, for example,that the Provisional Technical Secretariat should collect, collate, analyze anddistribute the information provided by the States Parties to the BTWC under theConfidence-Building Measures agreed at the 2nd and 3rd Review Conferences, a clearmandate to do so should be included here.d.  Annex Para 7.  The shorter version in the OPCW resolution was enough for thefour year OPCW Prepcom whilst the expanded CTBTO version was appropriate for aPrepcom likely to have a longer life and to have operational functions.  The expandedversion is recommended here as providing increased flexibility.e.  Annex Para 8d.  The shorter version in the OPCW resolution is recommended asthe CTBTO version simply states the obvious which apply to all international bodieswith government funding.f.  Annex Para 10.  The OPCW experience has shown that questions relating to thedelegation of authority and to decision taking after entry into force of the Protocolwithin the Technical Secretariat are matters for the Director-General of the OPBW.The draft resolution is accordingly worded to focus on the functions appropriate to thePreparatory Commission.g. Annex Para 11 e). The draft OPBW resolution has been extended to include boththe Executive Council and the Cooperation Committee.h. Annex Para 12.  The draft OPBW resolution will need to include a listing, as in theOPCW resolution, of the specific draft agreements, provisions and guidelines forconsideration and approval by the Conference of States Parties in accordance with theProtocol.i.  Annex Para 17.  It is assumed that an annex will be provided to embody thedetailed provisions in the Host Country bid.4Conclusions4.  It is recommended that the following language be adopted for the draft OPBW Resolution:DRAFT RESOLUTION ESTABLISHING THE PREPARATORY COMMISSIONFOR THE ORGANISATION FOR THE PROHIBITION OF BIOLOGICALWEAPONSThe States Signatories of the Protocol to the Convention on the Prohibition of theDevelopment, Production and Stockpiling of Bacteriological (Biological) and ToxinWeapons and on their Destruction, adopted by […] at [...] on [...],Having decided to take all necessary measures to ensure the rapid and effective establishmentof the future Organisation for the Prohibition of Biological Weapons,Having decided to this end to establish a Preparatory Commission,1. Approve the Text on the Establishment of a Preparatory Commission for theOrganization for the Prohibition of Biological Weapons, as annexed to the present resolution;2. Request the Secretary-General, in accordance with paragraph [...] of resolution [...],adopted by the General Assembly on [...], on the Protocol to the Convention on theProhibition of the Development, Production, and Stockpiling of Biological Weapons and onTheir Destruction, to provide the services required to initiate the work of the PreparatoryCommission for the Organisation for the Prohibition of Biological Weapons, including theMeeting of States Signatories and the first session of the Preparatory Commission.AnnexTEXT ON THE ESTABLISHMENT OF A PREPARATORY COMMISSION FORTHE ORGANISATION FOR THE PROHIBITION OF BIOLOGICAL WEAPONS1 There is hereby established the Preparatory Commission for the Organisation for theProhibition of Biological Weapons (hereinafter referred to as "the Commission") for thepurpose of carrying out the necessary preparations for the effective implementation of theConvention on the Prohibition of the Development, Production and Stockpiling ofBacteriological(Biological) and Toxin Weapons and on Their Destruction, and for preparingfor the first session of the Conference of the States Parties to that Convention2. The Secretary-General of the United Nations shall convene the Commission for itsfirst session as soon as possible, but not later than 60 days after the Treaty has been signed by50 States..3. The seat of the Commission shall be at the seat of the future Organization for theProhibition of Biological Weapons.54. The Commission shall be composed of all States which sign the Protocol.  Each StateSignatory shall have one representative in the Commission, who may be accompanied byalternates and advisers.5.     a) The costs of the Commission and its activities, including those of the ProvisionalTechnical Secretariat, shall be met annually by all States Signatories, in accordance with theUnited Nations scale of assessment adjusted to take into account differences between theUnited Nations membership and States Signatories and timing of signature.  The Commissionand the Provisional Technical Secretariat may also benefit from voluntary contributions;     b) A State Signatory which has not discharged in full its financial obligations to theCommission within 365 days of receipt of the request for payment shall have no vote in theCommission, until such payment is received.  The Commission may, nevertheless, permitsuch a member to vote if it is satisfied that the failure to pay is due to conditions beyond thecontrol of the member.6. All decisions of the Commission should be taken by consensus.  If, notwithstandingthe efforts of representatives to achieve consensus, an issue comes up for voting, theChairman of the Commission shall defer the vote for 24 hours and during this period ofdeferment shall make every effort to facilitate achievement of consensus, and shall report tothe Commission before the end of the period.  If consensus is not possible at the end of 24hours, the Commission shall take decisions on questions of procedure by a simple majority ofthe members present and voting.  Decisions on matters of substance shall be taken by a two-thirds majority of the members present and voting.  When the issue arises as to whether thequestion is one of substance or not, that question shall be treated as a matter of substanceunless otherwise decided by the Commission by the majority required for decisions onmatters of substance.7. The Commission shall have standing as an international organization, authority tonegotiate and enter into agreements, and such other legal capacity as necessary for theexercise of its functions and the fulfilment of its purposes.8. The Commission shall:(a) Elect its Chairman and other officers, adopt its rules of procedure, meet as often as necessary and establish such committees as it deems useful;(b) Appoint its Executive Secretary;(c) Establish a Provisional Technical Secretariat to assist the Commission in its activityand to exercise such functions as the Commission may determine, and appoint thenecessary staff in charge of preparatory work concerning the main activities to be carriedout by the Technical Secretariat to be established by the Protocol. Only nationals ofsignatory States shall be appointed to the Provisional Technical Secretariat;6d) Establish administrative and financial regulations in respect of its own expenditureand accounts.9. The Commission shall make arrangements for the first session of the Conference ofthe States Parties, including the preparation of a draft agenda and draft rules of procedure.10. The Commission shall undertake, inter alia, the following tasks concerning theorganization and work of the Technical Secretariat and requiring immediate attention after theentry into force of the Protocol:a) Elaboration of a detailed staffing pattern of the Technical Secretariat,b)   Assessments of personnel requirements;c) Development of staff rules for recruitment and service conditions;d) Recruitment and training of technical personnel and support staff;e) Organisation of office and administrative services;f) Preparation of administrative and financial regulations;g) Purchase and standardization of equipment;11. The Commission shall undertake, inter alia, the following tasks on matters of theOrganization requiring immediate attention after the entry into force of the Protocol:a) Preparation of programme of work and budget of the first year of activities of theOrganization;b)    Preparation of detailed budgetary provisions for the Organization;c)    Preparation of the scale of financial contributions to the Organization;d)    Preparation of administrative and financial regulations for the Organization providingfor, inter alia:(i) Proper financial control and accounting by the Organization;(ii) Preparation and approval of periodic financial statements by the Organization;(iii) Independent audit of the Organization's financial statements;(iv) Annual presentation of the audited financial statements to a regularsession of the Conference of the States Parties for formal acceptance;7e)   Development of arrangements to facilitate the designation and election in accordancewith Article IX of the Protocol for the first election of the Executive Council and of theCooperation Committee.12. The Commission shall develop, inter alia, the following draft agreements,arrangements and guidelines for approval by the Conference of the States Parties inaccordance with the Protocol:a) Guidelines on detailed procedures for verification and for the conduct of visits, inaccordance with […]b) Guidelines on detailed procedures for the conduct of investigations, in accordance with[...]b)  The Headquarters Agreement with the Host Country pursuant to Article […]13. The Commission shall:a) Facilitate the exchange of information between States Signatories concerning legal andadministrative measures for the implementation of the Protocol and, if requested byStates Signatories, give advice and assistance to them on these matters;b) Follow the ratification process and, if requested by States Signatories, provide themwith legal and technical information and advice about the Protocol in order to facilitateits ratification process; andc) Prepare such studies, reports and records as it deems necessary.14. The Commission shall prepare a final report on all matters within its mandate for the firstsession of the Conference of the States Parties and the first meeting of the Executive Council.15. The property, functions and recommendations of the Commission shall be transferred tothe Organisation at the first session of the Conference of the States Parties.  The Commissionshall make recommendations to the Conference of the States Parties on this matter.16. The Commission shall remain in existence until the conclusion of the first session of theConference of the States Parties.17. The Commission as an international organization, its staff, as well as the delegates of theStates Signatories shall be accorded by the Host Country such legal status, privileges andimmunities as are necessary for the independent exercise of their functions in connection withthe Commission and the fulfilment of its object and purpose, as outlined in Annex 1 to thistext.

Draft Resolution Establishing the Preparatory Commission for the Organisation for the Prohibition of Biological Weapons

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