Chemical Weapons Act 2006



  • CHEMICAL WEAPONS ACT

    Proposed by Estonia :: Passed (3-0), April 6th, 2006 :: As amended (7-0) by Duxburian Union, May 2nd, 2012


    PREAMBLE

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


    SECTION I. DEFINITIONS

    1. For the purposes of this Act, "Toxic Chemical" is defined as:
      Any chemical capable of delivering deadly or severe bodily harm to a human when placed into a chemical weapon.

    2. For the purposes of this Act, "Chemical Weapons" are defined as:
      a. Munitions and devices whose primary function is to cause death or severe bodily harm via the release of toxic chemicals, 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 chemical weapons.
      b. The commission, deployment, or use of chemical weapons for any purpose.

    2. Each Member State shall decommission and destroy all chemical weapons that it owns or possesses, or that are located in any place under its jurisdiction or control, in accordance with the provisions of this Act.

    3. Each Member State shall decommission all chemical 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 of 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 chemical weapons facilities located in any place under its jurisdiction or control, except facilities required for the destruction of chemical weapons.

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


    SECTION III. EUROPEAN CHEMICAL WEAPONS AUTHORITY

    1. An inspection agency, the European Chemical Weapons Authority (ECWA), shall be established to monitor compliance.

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

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

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

    5. The European Chemical Weapons Authority shall determine whether a Member State is in compliance with the provisions of this Act.


    SECTION IV. NON-COMPLIANCE

    1. The director of the European 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 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

    • Sections III and IV of this Act are in apparent conflict with s. III(1) of the Biological Weapons Act 2013, which intends to replace the European Chemical Weapons Authority (ECWA) with the European Biological and Chemical Weapons Authority (EBCWA), which is provided for in Sections III and IV of the Biological Weapons Act 2013.

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