Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)

Notices

Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction

Annex on Implementation and Verification ("Verification Annex")

Part VII : Activities Not Prohibited under this Convention in accordance with Article VI

Regime for Schedule 2 Chemicals and Facilities related to such Chemicals

A. Declarations

Declarations of plant sites producing no Schedule 2 chemicals

Purchase

3.	Initial and annual declarations are required for all plant sites that comprise one or more plant(s) which produced, processed or consumed during any of the previous three calendar years or is anticipated to produce, process or consume in the next calendar year more than:

(a)	1 kg of a chemical designated "*" in Schedule 2, part A;

(b)	100 kg of any other chemical listed in Schedule 2, part A; or

(c)	1 tonne of a chemical listed in Schedule 2, part B.

4.	Each State Party shall submit:

(a)	Initial declarations pursuant to paragraph 3 not later than 30 days after this Convention enters into force for it; and, starting in the following calendar year;

(b)	Annual declarations on past activities not later than 90 days after the end of the previous calendar year;

(c)	Annual declarations on anticipated activities not later than 60 days before the beginning of the following calendar year. Any such activity additionally planned after the annual declaration has been submitted shall be declared not later than five days before this activity begins.

Declarations pursuant to paragraph 3 are generally not required for mixtures containing a low concentration of a Schedule 2 chemical. They are only required, in accordance with guidelines, in cases where the ease of recovery from the mixture of the Schedule 2 chemical and its total weight are deemed to pose a risk to the object and purpose of this Convention. These guidelines shall be considered and approved by the Conference pursuant to Article VIII, paragraph 21(i).

6.	Declarations of a plant site pursuant to paragraph 3 shall include:

(a)	The name of the plant site and the name of the owner, company, or enterprise operating it;

(b)	Its precise location including the address; and

(c)	The number of plants within the plant site which are declared pursuant to Part VIII of this Annex.

7.	Declarations of a plant site pursuant to paragraph 3 shall also include, for each plant which is located within the plant site and which falls under the specifications set forth in paragraph 3, the following information:

(a)	The name of the plant and the name of the owner, company, or enterprise operating it;

(b)	Its precise location within the plant site including the specific building or structure number, if any;

(c)	Its main activities;

(d)	Whether the plant:

(i)	Produces, processes, or consumes the declared Schedule 2 chemical(s);

(ii)	Is dedicated to such activities or multi-purpose; and

(iii)

Performs other activities with regard to the declared Schedule 2 chemical(s), including a specification of that other activity (e.g. storage); and

(e)	The production capacity of the plant for each declared Schedule 2 chemical.

8.	Declarations of a plant site pursuant to paragraph 3 shall also include the following information on each Schedule 2 chemical above the declaration threshold:

(a)	The chemical name, common or trade name used by the facility, structural formula, and Chemical Abstracts Service registry number, if assigned;

(b)	In the case of the initial declaration: the total amount produced, processed, consumed, imported and exported by the plant site in each of the three previous calendar years;

(c)	In the case of the annual declaration on past activities: the total amount produced, processed, consumed, imported and exported by the plant site in the previous calendar year;

(d)	In the case of the annual declaration on anticipated activities: the total amount anticipated to be produced, processed or consumed by the plant site in the following calendar year, including the anticipated time periods for production, processing or consumption; and

(e)	The purposes for which the chemical was or will be produced, processed or consumed:

(i)	Processing and consumption on site with a specification of the product types;

(ii)	Sale or transfer within the territory or to any other place under the jurisdiction or control of the State Party, with a specification whether to other industry, trader or other destination and, if possible, of final product types;

(iii)

Direct export, with a specification of the States involved; or

(iv)	Other, including a specification of these other purposes.