Annual Report 2000-2001
Operation of the
national authority for implementation of the CWC, including contribution to
effective international implementation of the CWC, particularly in Australias immediate region.
Figure 6 CWC
Regional Workshop in MelbournePhotograph courtesy of DSTO
Milestone
D1
Effective performance as the national focal point for
liaison with the OPCWand other
States Parties in relation to the fulfilment of Australias obligations under
the CWC.
Activities
Dealings with the OPCW
In accordance with Australias obligations under the CWC,
ASNO prepared and submitted routine declarations and notifications to the
Technical Secretariat of the OPCW during the year. There were no routine OPCW inspections in Australia during the
reporting period.
In September and October 2000, ASNO submitted routine CWC
Article VI declarations on activities anticipated for 2001 for a total of 12
facilities working with Scheduled chemicals. In March 2001, declarations were submitted for 2000 on international
transfers of Scheduled chemicals and for work in 38 facilities with CWC-relevant activities (a decrease in the number of facilities when compared
with previous declarations as a result of ASNOs decision to exclude certain
less-relevant facility types). These
declarations were compiled using information gathered through the operation of
the Chemical Weapons (Prohibition) Act
1994,
and information on imports and exports of Scheduled chemicals obtained from
Customs data, import and export-licensing records and also through extensive
industry surveys.
Figure 7 Geoffrey Shaw
presenting at the CWC Regional Workshop
Photograph courtesy of DSTO
Other Article VI declarations and notifications to the OPCW
during 2000-01 included: one advance notification of a proposed import of a
Schedule 1 chemical; notifications in relation to approval of inspectors
designated to Australia; and completion of two questionnaires circulated by the
OPCW, namely Boundaries of Production and legislation relating to national
measures regulating Scheduled chemicals.
In accordance with obligations under Article X, and for the
purposes of promoting transparency between States Parties, ASNO submitted to
the OPCW an annual declaration of Australias national chemical defence
program. ASNO worked closely with the
Department of Defence in compiling this declaration.
Dr Geoffrey Shaw, Head CWC Implementation, actively
participated in two industry cluster meetings convened by the OPCW and held in
The Hague during November 2000 and January 2001, to resolve outstanding
technical issues faced by States Parties in implementing the CWC. Inter
alia issues included: frequency of routine Schedule 2 inspections;
definitions on the boundaries of production; international transfer of Schedule
3 chemicals; captive use; and rounding rules for Schedule 1 transfers. Methodology for inspections of Discrete Organic
Chemical Production Facilities was also addressed, with ASNOin partnership
with the Defence Science and Technology Organisation (DSTO)preparing and
circulating a non-paper for discussion on this issue.
In collaboration with the OPCW, DSTO, DFAT and the Royal
Australian Chemical Institute, and supported by AusAID, ASNO co-hosted a CWC
Regional Workshop in Melbourne from 30 April to 3 May 2001 (see
page 59 for
feature article). The Workshop was
attended by participants from a number of South East Asian and South Pacific
countries, and focused on promoting international cooperation under the CWC in
the region. A one-day national
symposium immediately followed, which focused on building upon the ideas and
concepts developed during the Workshop.
Dr Josy Meyer attended the third Annual Meeting of National
Authorities, held in The Hague in May 2000 and attended by 139 delegates from
over 83 States Parties. The aim of such
international meetings is to promote transparency and cooperation between
national authorities, including regional cooperation, as a means of improving
the effectiveness of national implementation of the Convention. Following on from this meeting, Dr Meyer
participated in the OPCW Sixth Conference of the States Parties.
Dealings with other States Parties
During November 2000, Dr Shaw called upon counterparts in
Canada and the US for bilateral consultations on a raft of industry
verification issues of direct relevance to Australia, including managing
routine compliance inspections, identifying declarable facilities and
reconciling trade data in scheduled chemicals.
In December 2000, New Zealand Government officials attended
bilateral meetings at ASNO to share experiences in implementation of the CWC. ASNO maintained close liaison with
counterparts in New Zealand, including providing information on potential trade
in CWC scheduled chemicals.
Following an invitation from the Government of Vietnam, Dr
Shaw organised and was the key note speaker at a CWC Workshop in Hanoi during
January 2001. The aim of the Workshop
was to provide practical assistance to Vietnamese officials to help clarify and
implement State Party obligations under the CWC. Around 50 participants attended the Workshop from a range of
Government agencies, universities and industry.
Following an invitation, Dr Shaw participated in a
multinational inspection team, headed by an OPCW inspector, in a Challenge
Inspection (CI) exercise at Stafford Airforce Base in the United Kingdom during
June 2001. Observers from a number of
CWC States Parties were present throughout the exercise. The goal of the exercise was to familiarise
participants with CI procedures including perimeter negotiations and practical
operation of the managed access provisions of the CWC. Following this exercise Dr Shaw had the
opportunity to visit the UK chemical and biological defence establishment at
Porton Down for bilateral consultations.
Performance Assessment
By providing accurate and timely declarations and
notifications to the OPCW, ASNO has ensured that Australia has maintained a
strong record of performance in meeting its CWC commitments. Recognition of excellence is reflected in
invitations from the OPCW and other States Parties to participate in
international meetings and to present on Australias experiences in implementing
the Convention.
Recommendations resulting from the series of industry
cluster meetings, for example, low concentration thresholds for transfers of
Schedule 3 chemicals, were adopted by the 6th Conference of the States Parties
in May 2001.
The CWC Regional Workshop was highly rated by participants,
with requests for similar workshops to be held in the region in the future.
Following bilateral consultations with the US, ASNO was able
to identify additional Schedule 2 chemicals being imported into Australia. This in turn lead to the identification of a
number of Schedule 2 processing facilities, including one processing quantities
above the Schedule 2 permit threshold.
Formal expressions of gratitude for assistance provided at
the CWC Workshop in Hanoi have been received from Vietnams Vice Ministry for
Industry, together with requests for ongoing assistance and collaboration.
During bilateral discussions in Canberra, New Zealand
Government officials expressed appreciation for assistance previously provided
by ASNO during preparations for their first inspection at a Discrete Organic
Production Facility.
Participation in the CI exercise has provided invaluable
insight into managing a CWC challenge inspection at an Australia defence
site. To this end, ASNO continues to
work with the Department of Defence in developing appropriate operating
procedures.
Milestone
D2
Activities and facilities in Australia relevant to CWC
declarations are identified and the systems of permitsand notifications established by the Chemical Weapons (Prohibition) Act 1994, and
Regulation 5J of the Customs(Prohibited Imports) Regulations are operated effectively
and/or amended as necessary.
Activities
Permits and Notifications
During the year ASNO identified two additional facilities
which required a permitunder the Act to process Schedule 2 chemicals, while two
facilities notified ASNO that work with Schedule 2 chemicals had ceased, and
that their permits were no longer required.
Forty four companies submitted valid notifications under
subsection 29(1) of the Act in relation to production of discrete organic
chemicals during 2000.
ASNO provided reminders to each company or organisation of
their obligations to ensure legislative requirements were met.
Industry Consultations
Throughout the year ASNO continued to operate an extensive
on-site industry consultation and outreach program focussed primarily on
facilities producing discrete organic chemicals, new Schedule 2 processors and
traders in CWC scheduled chemicals. The
aim of such visits included: providing facilities with updated CWC and
associated legislative information; collecting information necessary for
declarations; and preparing sites for possible routine compliance inspections
by the OPCW. In addition, ASNO
published an updated guide for importers in April 2001.
Chemical Weapons (Prohibition) Act 1994
ASNO facilitated the process which enabled the final parts
of the Chemical Weapons (Prohibition) Act
1994, dealing with routine international compliance inspections of Other
Chemical Production Facilities, to come into effect on 17 August 2000. This reflects the CWC provision that such
inspections commence five years after entry-into-force of the Convention.
Chemical Facilities held at 30 June 2001
Subsection
19(4)
19(5)
19(6)
18(1)
18(1)
Facility
Schedule 1
Schedule 1
Schedule 1
Schedule 2
Schedule 3
Type
Protective facility
Research facility
Consumption facility
Processing facility
Production facility
Number
1
6
2
12
4
Customs (Prohibited Imports) Regulations
During the year, ASNO issued 34 import permitscovering Schedule 2 and 3 chemicals.
One permit was issued covering Schedule 1 chemicals.
Import Survey
While permits to import Schedule 2 and Schedule 3 chemicals
have been required since January 2000, ASNO conducted an extensive survey of
chemical importers (excluding those with relevant import permits) to ensure all
companies importing chemicals were aware of these import obligations. Over 250 known chemical importers were
surveyed, with a small number of traders identified as requiring an import permit.
Performance Assessment
The system of permits and notifications operated
satisfactorily during 200001. ASNO was
very pro-active in assisting Australian industry to make its various
declarations, and to notify changes affecting industry such as preparing sites
for receiving routine OPCW inspections. Australian industry has expressed strong appreciation for ASNOs efforts
in this regard.
The final parts of the Chemical
Weapons (Prohibition) Act 1994 proceeded through Executive Council and
received Royal Assent in August 2000.