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Legislazione
Convention on the Prohibition of the Development, Production and Stockpiling
of Bacteriological (Biological) and Toxin Weapons and on Their Destruction.
Signed at London, Moscow and Washington on 10 April 1972.
Entered into force on 26 March 1975
Depositaries: U.K., U.S. and Soviet governments.
The States Parties to this Convention,
Determined to act with a view to achieving effective progress towards general
and complete disarmament, including the prohibition and elimination of all
types of weapons of mass destruction, and convinced that the prohibition
of the development, production and stockpiling of chemical and bacteriological
(biological) weapons and their elimination, through effective measures,
will facilitate the achievement of general and complete disarmament under
strict and effective international control,
Recognizing the important significance of the Protocol for the Prohibition
of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological
Methods of Warfare, signed at Geneva on June 17, 1925, and conscious also
of the contribution which the said Protocol has already made, and continues
to make, to mitigating the horrors of war,
Reaffirming their adherence to the principles and objectives of that Protocol
and calling upon all States to comply strictly with them,
Recalling that the General Assembly of the United Nations has repeatedly
condemned all actions contrary to the principles and objectives of the Geneva
Protocol of June 17, 1925,
Desiring to contribute to the strengthening of confidence between peoples
and the general improvement of the international atmosphere,
Desiring also to contribute to the realization of the purposes and principles
of the United Nations,
Convinced of the importance and urgency of eliminating from the arsenals
of States, through effective measures, such dangerous weapons of mass destruction
as those using chemical or bacteriological (biological) agents,
Recognizing that an agreement on the prohibition of bacteriological (biological)
and toxin weapons represents a first possible step towards the achievement
of agreement on effective measures also for the prohibition of the development,
production and stockpiling of chemical weapons, and determined to continue
negotiations to that end,
Determined for the sake of all mankind, to exclude completely the possibility
of bacteriological (biological) agents and toxins being used as weapons,
Convinced that such use would be repugnant to the conscience of mankind
and that no effort should be spared to minimize this risk,
Have agreed as follows:
Article I
Each State Party to this Convention undertakes never in any circumstances
to develop, produce, stockpile or otherwise acquire or retain:
(1) Microbial or other biological agents, or toxins whatever their origin
or method of production, of types and in quantities that have no justification
for prophylactic, protective or other peaceful purposes;
(2) Weapons, equipment or means of delivery designed to use such agents
or toxins for hostile purposes or in armed conflict.
Article II
Each State Party to this Convention undertakes to destroy, or to divert
to peaceful purposes, as soon as possible but not later than nine months
after entry into force of the Convention, all agents, toxins, weapons, equipment
and means of delivery specified in article I of the Convention, which are
in its possession or under its jurisdiction or control. In implementing
the provisions of this article all necessary safety precautions shall be
observed to protect populations and the environment.
Article III
Each State Party to this Convention undertakes not to transfer to any recipient
whatsoever, directly or indirectly, and not in any way to assist, encourage,
or induce any State, group of States or international organizations to manufacture
or otherwise acquire any of the agents, toxins, weapons, equipment or means
of delivery specified in article I of this Convention.
Article IV
Each State Party to this Convention shall, in accordance with its constitutional
processes, take any necessary measures to prohibit and prevent the development,
production, stockpiling, acquisition, or retention of the agents, toxins,
weapons, equipment and means of delivery specified in article I of the Convention,
within the territory of such State, under its jurisdiction or under its
control anywhere.
Article V
The States Parties to this Convention undertake to consult one another and
to cooperate in solving any problems which may arise in relation to the
objective of, or in the application of the provisions of, the Convention.
Consultation and Cooperation pursuant to this article may also be undertaken
through appropriate international procedures within the framework of the
United Nations and in accordance with its Charter.
Article VI
(1) Any State Party to this convention which finds that any other State
Party is acting in breach of obligations deriving from the provisions of
the Convention may lodge a complaint with the Security Council of the United
Nations. Such a complaint should include all possible evidence confirming
its validity, as well as a request for its consideration by the Security
Council.
(2) Each State Party to this Convention undertakes to cooperate in carrying
out any investigation which the Security Council may initiate, in accordance
with the provisions of the Charter of the United Nations, on the basis of
the complaint received by the Council. The Security Council shall inform
the States Parties to the Convention of the results of the investigation.
Article VII
Each State Party to this Convention undertakes to provide or support assistance,
in accordance with the United Nations Charter, to any Party to the Convention
which so requests, if the Security Council decides that such Party has been
exposed to danger as a result of violation of the Convention.
Article VIII
Nothing in this Convention shall be interpreted as in any way limiting or
detracting from the obligations assumed by any State under the Protocol
for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other
Gases, and of Bacteriological Methods of Warfare, signed at Geneva on June
17, 1925.
Article IX
Each State Party to this Convention affirms the recognized objective of
effective prohibition of chemical weapons and, to this end, undertakes to
continue negotiations in good faith with a view to reaching early agreement
on effective measures for the prohibition of their development, production
and stockpiling and for their destruction, and on appropriate measures concerning
equipment and means of delivery specifically designed for the production
or use of chemical agents for weapons purposes.
Article X
(1) The States Parties to this Convention undertake to facilitate, and have
the right to participate in, the fullest possible exchange of equipment,
materials and scientific and technological information for the use of bacteriological
(biological) agents and toxins for peaceful purposes. Parties to the Convention
in a position to do so shall also cooperate in contributing individually
or together with other States or international organizations to the further
development and application of scientific discoveries in the field of bacteriology
(biology) for prevention of disease, or for other peaceful purposes.
(2) This Convention shall be implemented in a manner designed to avoid hampering
the economic or technological development of States Parties to the Convention
or international cooperation in the field of peaceful bacteriological (biological)
activities, including the international exchange of bacteriological (biological)
and toxins and equipment for the processing, use or production of bacteriological
(biological) agents and toxins for peaceful purposes in accordance with
the provisions of the Convention.
Article XI
Any State Party may propose amendments to this Convention. Amendments shall
enter into force for each State Party accepting the amendments upon their
acceptance by a majority of the States Parties to the Convention and thereafter
for each remaining State Party on the date of acceptance by it.
Article XII
Five years after the entry into force of this Convention, or earlier if
it is requested by a majority of Parties to the Convention by submitting
a proposal to this effect to the Depositary Governments, a conference of
States Parties to the Convention shall be held at Geneva, Switzerland, to
review the operation of the Convention, with a view to assuring that the
purposes of the preamble and the provisions of the Convention, including
the provisions concerning negotiations on chemical weapons, are being realized.
Such review shall take into account any new scientific and technological
developments relevant to the Convention.
Article XIII
(1) This Convention shall be of unlimited duration.
(2) Each State Party to this Convention shall in exercising its national
sovereignty have the right to withdraw from the Convention if it decides
that extraordinary events, related to the subject matter of the Convention,
have jeopardized the supreme interests of its country. It shall give notice
of such withdrawal to all other States Parties to the Convention and to
the United Nations Security Council three months in advance. Such notice
shall include a statement of the extraordinary events it regards as having
jeopardized its supreme interests.
Article XIV
(1) This Convention shall be open to all States for signature. Any State
which does not sign the Convention before its entry into force in accordance
with paragraph (3) of this Article may accede to it at any time.
(2) This Convention shall be subject to ratification by signatory States.
Instruments of ratification and instruments of accession shall be deposited
with the Governments of the United States of America, the United Kingdom
of Great Britain and Northern Ireland and the Union of Soviet Socialist
Republics, which are hereby designated the Depositary Governments.
(3) This Convention shall enter into force after the deposit of instruments
of ratification by twenty-two Governments, including the Governments designated
as Depositaries of the Convention.
(4) For States whose instruments of ratification or accession are deposited
subsequent to the entry into force of this Convention, it shall enter into
force on the date of the deposit of their instruments of ratification or
accession.
(5) The Depositary Governments shall promptly inform all signatory and acceding
States of the date of each signature, the date of deposit or each instrument
of ratification or of accession and the date of entry into force of this
Convention, and of the receipt of other notices.
(6) This Convention shall be registered by the Depositary Governments pursuant
to Article 102 of the Charter of the United Nations.
Article XV
This Convention, the English, Russian, French, Spanish and Chinese texts
of which are equally authentic, shall be deposited in the archives of the
Depositary Governments. Duly certified copies of the Convention shall be
transmitted by the Depositary Governments to the Governments of the signatory
and acceding states.
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