Biological Weapons Act 2013



  • BIOLOGICAL WEAPONS ACT

    Proposed by Rhine Ruhr :: Passed (11-2), January 15th, 2013 :: Unamended


    PREAMBLE

    An Act for the purpose of phasing out the development of biological weapons, dismantling existing stockpiles, and prohibiting future use of said weapons in the European Union.


    SECTION I. DEFINITIONS

    1. For the purposes of this Act, 'toxic biological agent' is defined as:
      Any biological agent capable of delivering deadly or severely bodily harm to a human when placed into a biological weapon.

    2. For the purposes of this Act, 'Biological Weapons' are defined as:
      Munitions and devices whose primary function is to cause death or severely bodily harm via the release of toxic biological agents, rather than by impact.


    SECTION II. GENERAL OBLIGATIONS

    1. Each member state shall refrain from:
      a. The development, production, possession, acquisition, sale, or transfer of biological weapons.
      b. The commission, deployment, or use of biological weapons for any use.

    2. Each member state shall decommission and destroy all biological weapons that it owns or possesses, or that are located in any place under its jurisdiction or control, in accordance to the provisions in this Act.

    3. Each member state shall decommission all biological weapons production and storage facilities it owns or possesses, or that are located in any place under its jurisdiction or control, in accordance with the provisions in this Act.
      a. Production and storage facilities may be destroyed or repurposed for any other legal use, at the discretion of the member state.
      b. The member state shall cease all construction of new biological weapons facilities located in any place under its jurisdiction or control, except facilities required for destruction or biological weapons.

    4. Member states shall allow inspection of their biological weapons production, storage, and destruction facilities, in accordance with the provisions of this Act.


    SECTION III: EUROPEAN BIOLOGICAL AND CHEMICAL WEAPONS AUTHORITY

    1. An inspection agency, the European Biological and Chemical Weapons Authority (EBCWA), shall be established to monitor compliance of both the Biological Weapons Act and the Chemical Weapons Act of 2006. The EBCWA functions as an expansion of the European Chemical Weapons Authority and replaces it.

    2. The European Biological and Chemical weapons Authority shall conduct inspections of Chemical and Biological weapon production, storage, and destruction facilities.

    3. The European Biological and Chemical Weapons Authority shall set reasonable, standardized procedures for the safe decommission and destruction of chemical and biological weapons and applicable facilities.

    4. The European Commissioner of Defense shall appoint a director for the European Biological and Chemical Weapons Authority.
      a. The director shall not be officially associated with, or represent, any state or government.

    5. The European Biological and Chemical Weapons Authority shall determine whether a member state is in compliance with the provisions of this Act and the Chemical Weapons Act of 2006.


    SECTION IV. NON-COMPLIANCE

    1. The director of the European Biological and Chemical Weapons Authority shall be responsible for bringing cases of non-compliance to the European Council or European Court of Justice, when applicable.

    2. A member state deemed to be in Non-compliance may settle the claim in the European Council.
      a. If no settlement can be reached, the director of the European Biological and Chemical Weapons Authority may take the claim to the European Court of Justice.

    3. The European Court of Justice shall have original jurisdiction to try cases of non-compliance with the provisions of this Act.


    NOTES

    • Subsection III(1) of this Act is in apparent conflict of Sections III and IV of the Chemical Weapons Act 2006. See Chemical Weapons Act 2006 for further details.

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