Convention on the Prohibition of Bacteriological (Biological) and Toxin Weapons
The implementation of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction
Authority of Defense Industry and Export Control of the Hungarian Trade Licensing Office (furthermore: Office) is designated as the National Authority of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction.
The main task of the Department in this regard is the national implementation of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction adopted on the XXVI. Session of the United Nations on 10th December 1971 (furthermore: Convention) and proclaimed in Hungary by Act No. 11 of 1975. The order of national implementation and reporting obligation are based on the Convention and the provisions of Government Decree 21/2013. (I.30.).
The Office has also so far continuously ensured the observation of the obligations adopted by the States Parties of the Convention even before the Government Decree entered into force in Hungary. The Office collected the necessary data for reports and provided (by the proxy of the Ministry of Foreign Affairs of Hungary) for the UN Bureau dealing with the disarmament issues in Geneva.
The Government Decree in line with the obligations stipulated in the Convention takes stock of the Bacteriological (Biological) materials and Toxins present in Hungary, technical services rendered by special laboratories, the institutions through an obligatory registration, annual reporting obligations processed in an updated database. The Government Decree imposes a minimal, mainly administrative burden on the entities involved in this special field of activity, at the same time also contributes to the exchange of relevant scientific and technical information, the peaceful international cooperation and strengthening confidence.
As a State Party of the Convention Hungary undertook not to develop, produce, stockpile or otherwise acquire or retain in any circumstances:
- Microbialor 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 purpose;
- Weapons, equipment or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict.
The Article X of the Convention encourages the fullest possible exchange of equipment, materials and scientific and technological information for the use of bacteriological (biological) agents and toxins for peaceful purposes.
The export of the controlled materials (items), equipment, transfer facilities – including their Intangible Transfers (ITT) –is regulated by Council Regulation (EC) No 428/2009 setting up a Community regime for the control of export, transfer, brokering and transit of dual-use items, as well as the Government Decree No 13/2011 (II.22.) on the foreign trade authorisation of dual-use items. The control list of the Council Regulation No 428/2009 incorporates the control lists of different international export control regimes concerning the relevant materials, equipment, technologies, etc. as well, therefore the provisions of the Government Decree just refer to the items controlled by the Council Regulation.
The Convention adopted by the State Parties, and the Conferences of the State Parties determine the obligations for the State Parties including the compilation of annual national reports strengthening confidence. The content of the reports are strictly defined. Adjusting to these contents the Government Decree regulates the reporting obligations and declarations of the entities and also determines those terms and conditions under which the entities are obliged to carry out their obligations towards the Hungarian national authorities implementing the Convention. The annual national report for Hungary with their Annexes ( I., II., III. ) for 2013 are available.
The annual exchange of information on the basis of the implementation of the Convention ensures transparency, and also it is an important mean of building and strengthening mutual confidence. Thanks to mutual confidence a State Party cannot only obtain relevant information about the national implementations of the Convention but also makes it possible to gain support to overcome technical difficulties, and also concentrate on defining the necessary support to solve the problems emerging in other State Parties.
Useful information
Biological agents and toxins listed in Government Decree No. 21/2013 are the items listed in Annex I, Category 1 of Council Regulation No.428/2009, under ECCN 1C351-1C354. Therefore these items are dual-use items, the export, transit, brokering of these items fall under licensing obligations.
We wish to draw our clients’s attention to the fact, that items under ECCN 1C351.d.4 (ricin) and ECCN 1C351.d.5 (saxitoxin) are listed in the Annex I. of the Chemical Weapons Convention and listed as Schedule 1 chemicals. According to Government Decree No. 212/1998 (national implementing regulation of the CWC) there is a further obligation of advance notification for production, processing, consumption, export, import and intra-EU transfers of these items. The order of reporting is specified in the Government Decree No. 212/1998 and in the Declaration Handbook of the OPCW.
According to Article 3 of the Government Decree No. 21/2013 organisations or persons developing, producing, processing, using, storing, passing it or taking it over in the territory of the EU, furthermore supplying engineering services related to the mentioned biological materials or toxins are obliged to report and register 30 days prior to the launch of their activity (disregarding the origin or quantity of the biological agent or toxin). Registration forms and manuals are available here (only in Hungarian).
The above mentioned persons and organisations are obliged to make declaration annually about their activities on the past year, not later than 20th February each year. Declaration forms and manual are available here (only in Hungarian).
According to Article 3 of the Government Decree No.21/2013 any changes in the registration data have to be reported within 8 days to the Office. The necessary forms and manuals are available here (only in Hungarian).
For further information please contact:
(Mr.) József PETE
Phone: (36-1) 458-5601
E-mail: exportcontrol--.at.--bfkh.gov.hu
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Columnist:
(Mr.) József PETE
Phone: (36-1) 458-5601
E-mail: exportcontrol--.at.--bfkh.gov.hu
