Chemical Weapons Act



  • CHEMICAL WEAPONS ACT, 2006
    An Act to implement the prohibition of the development, production, stockpiling and use of Chemical Weapons and on their Destruction, and to provide for related matters. Be enacted by the parliament as follows:

    We the member states of the European Union:

    DETERMINED to act with a view to achieving effective progress towards general and complete disarmament under strict and effective international control, including the prohibition and elimination of all types of weapons of mass destruction,

    DESIRING to contribute to the realization of the purposes and principles of the Articles of the European Union,

    DETERMINED for the sake of all mankind, to exclude completely the possibility of the use of chemical weapons, through the implementation of the provisions of this Act.

    CONVINCED that the complete and effective prohibition of the development, production, acquisition, stockpiling, retention, transfer and use of chemical weapons, and their destruction, represent a necessary step towards the achievement of these common objectives,

    Have Agreed as follows:

    (a.) This Act may be cited as the Chemical Weapons Act, 2006.
    (b.) This Act shall come into operation on such day when it is passed by a 2/3 majority by the European Parliament.

    ARTICLE I
    GENERAL OBLIGATIONS

    1. Each Member State undertakes never under any circumstances:
    (a.) To develop, produce, otherwise acquire, stockpile or retain chemical weapons, or transfer, directly or indirectly, chemical weapons to anyone;
    (b.) To use chemical weapons;
    (c.) To engage in any military preparations to use chemical weapons;
    (d.) To assist, encourage or induce, in any way, anyone to engage in any activity which is prohibited by european law.

    2. Each Member State undertakes to destroy chemical weapons 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 undertakes to destroy any chemical weapons production 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.

    4. Each Member State undertakes not to use riot control agents as a method of warfare.

    ARTICLE II
    DEFINITIONS and CRITERIA

    For the purposes of this Act:

    1. "Chemical Weapons" means the following, together or separately:

    (a.) Toxic chemicals and their precursors, except where intended for purposes not prohibited under this Act, as long as the types and quantities are consistent with such purposes;

    (b.) Munitions and devices, specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in subparagraph (a.), which would be released as a result of the employment of such munitions and devices;

    (c.) Any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in subparagraph (b.).

    2. "Toxic Chemical" means:
    Any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. This includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere.

    3. "Riot Control Agent" means:
    Any chemical not listed in a Schedule, which can produce rapidly in humans sensory irritation or disabling physical effects which disappear within a short time following termination of exposure.

    ARTICLE III
    CHEMICAL WEAPONS

    1. The provisions of this Article and the detailed procedures for its implementation shall apply to all chemical weapons owned or possessed by a Member State, or that are located in any place under its jurisdiction or control.

    2. All locations at which chemical weapons specified in paragraph 1 are stored or destroyed shall be subject to systematic verification through on-site inspection and monitoring with on-site instruments.

    3. Each Member State shall provide access to chemical weapons for the purpose of systematic verification of the declaration through on-site inspection. Thereafter, each Member State shall not remove any of these chemical weapons, except to a chemical weapons destruction facility. It shall provide access to such chemical weapons, for the purpose of systematic on-site verification.

    4. Each Member State shall provide access to any chemical weapons destruction facilities and their storage areas, that it owns or possesses, or that are located in any place under its jurisdiction or control, for the purpose of systematic verification through on-site inspection and monitoring with on-site instruments.

    5. Each Member State shall destroy all chemical weapons it has, if any, in its possesion.

    6. Each Member State, during transportation, sampling, storage and destruction of chemical weapons, shall assign the highest priority to ensuring the safety of people and to protecting the environment. Each Member State shall transport, sample, store and destroy chemical weapons in accordance with its national standards for safety and emissions.

    7. Each Member State undertakes to cooperate with other Member States that request information or assistance on a bilateral basis regarding methods and technologies for the safe and efficient destruction of chemical weapons.

    ARTICLE IV
    CHEMICAL WEAPONS PRODUCTION FACILITIES

    1. The provisions of this Article and the detailed procedures for its implementation shall apply to any and all chemical weapons production facilities owned or possessed by a Member State, or that are located in any place under its jurisdiction or control.

    2. All chemical weapons production facilities specified in paragraph 1 shall be subject to systematic verification through on-site inspection and monitoring with on-site instruments.

    3. Each Member State shall cease immediately all activity at chemical weapons production facilities specified except activity required for closure.

    4. No Member State shall construct any new chemical weapons production facilities or modify any existing facilities for the purpose of chemical weapons production or for any other activity prohibited under this Act.

    5. Each Member State shall destroy all chemical weapons production facilities specified and related facilities and equipment.

    6. Each Member State, during the destruction of chemical weapons production facilities, shall assign the highest priority to ensuring the safety of people and to protecting the environment. Each Member State shall destroy chemical weapons production facilities in accordance with its national standards for safety and emissions.

    ARTICLE V
    EU IMPLEMENTATION MEASURES

    General undertakings
    1. Each Member State shall, in accordance with its constitutional processes, adopt the necessary measures to implement its obligations under this Act. In particular, it shall:

    (a.) Prohibit natural and legal persons anywhere on its territory or in any other place under its jurisdiction as recognized by international law from undertaking any activity prohibited to a Member State under this Act, including enacting penal legislation with respect to such activity;

    (b.) Not permit in any place under its control any activity prohibited to a Member State under this Act.

    2. Each Member State shall cooperate with other Member States and afford the appropriate form of legal assistance to facilitate the implementation of the obligations under paragraph 1.

    3. Each Member State, during the implementation of its obligations under this Act, shall assign the highest priority to ensuring the safety of people and to protecting the environment, and shall cooperate as appropriate with other Member States in this regard.

    ARTICLE VI
    IMPOSING SANCTIONS AGAINST VIOLATING NATIONS

    Sanctions shall be imposed on violating nations with respect to chemical and biological weapons proliferation, as specified in subsections (a.) and (b.):

    (a.) The Security Council shall determine whether any EU nation has, on or after the effective date of this order,
    (1) used chemical or biological weapons in violation of european law;
    or
    (2) made substantial preparations to use chemical or biological weapons in violation of european law;
    or
    (3) developed, produced, or stockpiled chemical or biological weapons in violation of european law.

    (b.) The following sanctions shall be imposed on any violating nation identified in subsection (a)(1) unless the Security Council determines that any individual sanction should not be applied due to significant policy or national security reasons. The sanctions specified in this section may be made applicable to the nations identified in subsections (a)(2) or (a)(3) when the Security Council determines that such action will further the objectives of this order pertaining to proliferation. The sanctions specified in section (c.) below shall be imposed with the concurrence of the European Parliament.

    (c.) Sanctions:
    (1) Assistance. No assistance shall be provided to that nation under other than assistance that is intended to benefit the people of that country directly and that is not channeled through governmental agencies or entities of that nation.

    (2) Multilateral Development Bank Assistance. The EU member states shall oppose any loan or financial or technical assistance to that nation by european financial institutions.

    (3) Denial of Credit or Other Financial Assistance. The EU member states shall deny to that nation any credit or financial assistance by any department, agency, or instrumentality of the European Government.

    (4) Exports of National Security-Sensitive Goods and Technology. No exports shall be permitted of any goods or technologies controlled for national security reasons under Export Administration Regulations.

    (5) Further Export Restrictions. The Security Council shall prohibit or otherwise substantially restrict exports to that country of goods, technology, and services (excluding agricultural commodities and products otherwise subject to control).

    (6) Import Restrictions. Restrictions shall be imposed on the importation into the European Union of articles that are the growth, product, or manufacture of that violating nation.

    (7) Landing Rights. At the earliest practicable date, the Security Council shall terminate, in a manner consistent with european law, the authority of any air carrier that is controlled in fact by the government of that nation to engage in air transportation.

    ARTICLE VII
    DURATION OF IMPOSED SANCTIONS

    Any sanctions imposed shall remain in force until the Security Council determines that lifting any sanction is in the policy or national security interests of the European Union.

    ARTICLE VI
    IMPLEMENTATION OF SANCTIONS

    (a.) The Security Council is hereby authorized and directed to take such actions, including the promulgation (the act of formally proclaiming new legislation to the public) of rules and regulations, as may be necessary to carry out the purposes of this Act. These actions shall be made in consultation with the Government of the EU Member States.

    (b.) All Heads of States and agencies of the European Union are directed to take all appropriate measures within their authority to carry out the provisions of this Act, including the suspension or termination of any previous treaties and Acts with the violating nations.


    Annika Bekker MEP,
    European Socialist Party.


    EGOD - [Estonia Government]
    ESFM - [Estonian First Minister]
    EMEA - [Estonian Ministry of External Affairs]


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