Chemicals used for the production of chemical weapons

The Convention on the prohibition of the development, production, stockpiling, and use of chemical weapons and on their destruction (Chemiewaffenübereinkommen) is the most recent and most important agreement under international law dealing with chemical weapons. It has been transposed into German national law by the Act implementing the chemical weapons convention and the Regulation implementing the chemical weapons convention.

The Convention on the prohibition of the development, production, stockpiling, and use of chemical weapons and on their destruction defines as chemical weapons not only toxic chemicals and toxic chemical precursors but also ammunition and devices specifically designed to cause death or other harm through the toxic properties of those toxic chemicals. These toxic chemicals and toxic chemical precursors are specified in an annex to the Convention on the prohibition of the development, production, stockpiling, and use of chemical weapons and on their destruction, and are classified according to their toxicity and suitability for the production of chemical weapons in three lists both in Annex 1 to the Act implementing the chemical weapons convention, and in Annex 1 to the Regulation implementing the chemical weapons convention (Chemicals Annex).

The import, export, or transit of chemicals or precursor materials listed in the Chemicals Annex into, out of, or through Germany in the course of the free movement of goods between Germany and other EU Member States is subject to certain bans and authorisation requirements pursuant to the Act implementing the chemical weapons convention (Ausführungsgesetz zum Chemiewaffenübereinkommen) and the Regulation implementing the chemical weapons convention (Ausführungsverordnung zum Chemiewaffenübereinkommen).

Applications in writing for the granting of an authorisation should be lodged in no specific form with the Federal Office for Economic Affairs and Export Control (BAFA). Cooperating with the Federal Foreign Office, the BAFA is the competent authority for notification requirements and inspections under the Convention on the prohibition of the development, production, stockpiling, and use of chemical weapons and on their destruction.

Pursuant to Article 5(2) of the Act implementing the chemical weapons convention, the Customs Administration is involved in monitoring the import, export, and transit of the chemicals and precursor substances listed in the Chemicals Annex.