Statutory Instruments
CHEMICAL WEAPONS
Made
1st October 1996
Laid before Parliament
2nd October 1996
Coming into force
1st November 1996
The Secretary of State, in exercise of the powers conferred on him by section 23(1) of the Chemical Weapons Act 1996(1), hereby makes the following Regulations:
1. These Regulations may be cited as the Chemical Weapons (Notification) Regulations 1996.
2. In these Regulations—
“CAS registry number” means the Chemical Abstract Service registry number;
“discrete organic chemical” means any chemical belonging to the class of chemical compounds consisting of all compounds of carbon, except for its oxides, sulfides and metal carbonates, which is identifiable by chemical name, by structural formula, if known, and by a CAS registry number, if assigned, excluding any Schedule 1, 2 or 3 toxic chemical or precursor;
“consumption” of a chemical means its conversion into another chemical via a chemical reaction and “consume” and “consumed” shall be construed accordingly;
“plant” means any premises containing one or more units;
“plant site” means an area containing one or more plants all of which are under the same operational control;
“premises” has the meaning given to it by section 10(3) of the Chemical Weapons Act 1996;
“processing” of a chemical means a physical process, such as formulation, extraction or purification, not involving the conversion of a chemical into another chemical, and “process” and “processed” shall be construed accordingly;
“production” of a chemical means its formation through chemical reaction and “produce” and “produced” shall be construed accordingly;
“PSF-chemical” means a discrete organic chemical containing the elements phosphorus, sulfur or fluorine;
“Schedule 1” means Schedule 1 to the annex on chemicals to the Convention;
“Schedule 1 toxic chemical or precursor” means a toxic chemical or precursor listed in Schedule 1;
“Schedule 2” means Schedule 2 to the annex on chemicals to the Convention, which Schedule is set out for ease of reference in Part I of the Schedule hereto;
“Schedule 2 toxic chemical or precursor” means a toxic chemical or precursor listed in Schedule 2;
“Schedule 3” means Schedule 3 to the annex on chemicals to the Convention, which Schedule is set out for ease of reference in Part II of the Schedule hereto;
“Schedule 3 toxic chemical or precursor” means a toxic chemical or precursor listed in Schedule 3;
“synthesis” means the production of a chemical other than through the biological process of fermentation;
“tonne” means 1,000kg; and
“unit” means any equipment and/or machinery necessary for the production, processing or consumption of a chemical.
3.—(1) A person who is required to notify the Secretary of State pursuant to these Regulations shall give notice to the Secretary of State that he is such a person and provide particulars of his name, his address or in the case of a company the address of its principal or registered office, and the address of each plant site he operates.
(2) After any change in any of the said particulars the person shall give notice to the Secretary of State within 14 days.
(3) Any notice to be given by a person under paragraph (1) or (2) above shall be in writing and shall be sent by post or delivered to the Chemical Weapons Authority, Department of Trade and Industry, Kingsgate House, 66-74 Victoria Street, London SW1E 6SW.
4.—(1) Subject to paragraph (3) below, a person shall notify the Secretary of State on or before 15th January each year if he has—
(a)imported or exported in the previous calendar year, or
(b)operated a plant site in which a plant has produced, processed or consumed during any of the previous three calendar years,
more than—
(i)1kg of a toxic chemical designated “*” in Part A of Schedule 2;
(ii)100kg of any other toxic chemical listed in Part A of Schedule 2; or
(iii)1 tonne of any precursor listed in Part B of Schedule 2.
(2) Subject to paragraph (3) below, a person shall notify the Secretary of State on or before 30th June each year starting with 30th June 1998, if he anticipates operating a plant site in which a plant will produce, process or consume in the next calendar year more than—
(a)1kg of a toxic chemical designated “*” in Part A of Schedule 2;
(b)100kg of any other toxic chemical listed in Part A of Schedule 2; or
(c)1 tonne of any precursor listed in Part B of Schedule 2.
If such production, processing or consumption in respect of a calendar year is planned after 30th June in the previous calendar year, the person shall notify the Secretary of State at least 45 days prior to the commencement of production, processing or consumption.
(3) A person need not notify the Secretary of State in respect of the production, processing, consumption, import or export of a Schedule 2 toxic chemical or precursor if it was or is to be contained in a mixture and constituted or will constitute 10% or less of the mixture by weight.
5.—(1) Subject to paragraph (3) below, a person shall notify the Secretary of State on or before 15th January each year if he has—
(a)imported or exported during the previous calendar year any Schedule 3 toxic chemical or precursor; or
(b)operated a plant site in which the plants have together produced during the previous calendar year more than 30 tonnes of a Schedule 3 toxic chemical or precursor.
(2) Subject to paragraph (3) below, a person shall notify the Secretary of State on or before 30th June each year starting with 30th June 1998, if he anticipates operating a plant site in which the plants will together produce in the next calendar year more than 30 tonnes of a Schedule 3 toxic chemical or precursor. If such production in respect of a calendar year is planned after 30th June in the previous calendar year the person must notify the Secretary of State at least 45 days prior to the commencement of production.
(3) A person need not notify the Secretary of State in respect of the production, export or import of a Schedule 3 chemical or precursor if it was or is to be contained in a mixture and constituted or will constitute 10% or less of the mixture by weight.
6.—(1) Subject to paragraph (2) below, a person shall notify the Secretary of State on or before 15th January each year if he has operated a plant site in which —
(a)the plants have together produced by synthesis in the previous calendar year more than 200 tonnes of discrete organic chemicals; or
(b)any plant has produced by synthesis in the previous calendar year more than 30 tonnes of PSF-chemicals.
(2) A person need not notify the Secretary of State about any plant site in which the plants have exclusively produced explosives or hydrocarbons.
Anthony Nelson,
Minister for Trade,
Department of Trade and Industry
1st October 1996
Regulations 2, 4 and 5
| (CAS registry number) | ||
|---|---|---|
| Note: Schedule 2 must be read subject to the following proposition, which is based on a note in the Convention: where reference is made to groups of dialkylated chemicals, followed by a list of alkyl groups in parentheses, all chemicals possible by all possible combinations of alkyl groups listed in the parentheses must be taken to be listed in Schedule 2 as long as they are not explicitly exempted. | ||
| A. TOXIC CHEMICALS: | ||
| (1) | Amiton: O, O-Diethyl S-[2-(diethylamino) ethyl] phosphorothiolate and corresponding alkylated or protonated salts | (78-53-5) |
| (2) | PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-propene | (382-21-8) |
| (3) | BZ: 3-Quinuclidinyl benzilate (*) | (6581-06-2) |
| B. PRECURSORS: | ||
| (4) | Chemicals, except for those listed in Schedule 1, containing a phosphorus atom to which is bonded one methyl, ethyl or propyl (normal or iso) group but not further carbon atoms, | |
| e.g. Methylphosphonyl dichloride | (676-97-1) | |
| Dimethyl methylphosphonate | (756-79-6) | |
| Exemption: Fonofos: O-Ethyl S-phenyl ethylphosphonothiolothionate | (944-22-9) | |
| (5) | N, N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic dihalides | |
| (6) | Dialkyl (Me, Et, n-Pr or i-Pr) N, N-dialkyl (Me, Et, n-Pr or i-Pr)-phosphoramidates | |
| (7) | Arsenic trichloride | (7784-34-1) |
| (8) | 2, 2-Diphenyl-2-hydroxyacetic acid | (76-93-7) |
| (9) | Quinuclidine-3-ol | (1619-34-7) |
| (10) | N, N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-chlorides and corresponding protonated salts | |
| (11) | N, N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols and corresponding protonated salts | |
| Exemptions: N, N-Dimethylaminoethanol and corresponding protonated salts | (108-01-0) | |
| N, N-Diethylaminoethanol and corresponding protonated salts | (100-37-8) | |
| (12) | N, N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-thiols and corresponding protonated salts | |
| (13) | Thiodiglycol: Bis (2-hydroxyethyl) sulfide | (111-48-8) |
| (14) | Pinacolyl alcohol: 3,3-Dimethylbutane-2-ol | (464-07-3) |
| (CAS registry number) | ||
|---|---|---|
| A. TOXIC CHEMICALS: | ||
| (1) | Phosgene: Carbonyl dichloride | (75-44-5) |
| (2) | Cyanogen chloride | (506-77-4) |
| (3) | Hydrogen cyanide | (74-90-8) |
| (4) | Chloropicrin: Trichloronitromethane | (76-06-2) |
| B. PRECURSORS: | ||
| (5) | Phosphorus oxychloride | (10025-87-3) |
| (6) | Phosphorus trichloride | (7719-12-2) |
| (7) | Phosphorus pentachloride | (10026-13-8) |
| (8) | Trimethyl phosphite | (121-45-9) |
| (9) | Triethyl phosphite | (122-52-1) |
| (10) | Dimethyl phosphite | (868-85-9) |
| (11) | Diethyl phosphite | (762-04-9) |
| (12) | Sulfur monochloride | (10025-67-9) |
| (13) | Sulfur dichloride | (10545-99-0) |
| (14) | Thionyl chloride | (7719-09-7) |
| (15) | Ethyldiethanolamine | (139-87-7) |
| (16) | Methyldiethanolamine | (105-59-9) |
| (17) | Triethanolamine | (102-71-6) |
(This note is not part of the Regulations)
These Regulations describe certain persons who have to identify themselves to the Secretary of State as being persons on whom it is likely the Secretary of State will want to serve a notice under section 22 of the Chemical Weapons Act 1996 (c. 6).
The United Kingdom is required to make declarations, in relation to certain chemicals and chemical production facilities, to the Organisation for the Prohibition of Chemical Weapons in the Hague pursuant to the terms of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (Cm 2331), which was signed in Paris on 13th January 1993 (“the Convention”). By serving notices under section 22 the Secretary of State will be able to acquire the information he needs so that the United Kingdom can comply with the terms of the Convention.
Regulation 3 describes what a person has to do who is required to notify the Secretary of State pursuant to the Regulations.
Regulations 4 and 5 provide that a person has to notify the Secretary of State if he has carried out or plans to carry out certain activities in relation to chemicals listed in Schedules 2 and 3 to the annex on chemicals to the Convention in quantities in excess of specified threshold limits.
Regulation 6 provides that a person has to notify the Secretary of State if he has operated a plant site in which amounts of certain other chemicals known as discrete organic chemicals have been produced in quantities in excess of specified threshold limits.