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OTHER DOCUMENTS ASSOCIATED WITH THE TREATY
ANNEX

Text on the Establishment of a Preparatory Commission for the Comprehensive Nuclear Test-Ban Treaty Organization

1. There is hereby established the Preparatory Commission for the Comprehensive Nuclear Test-Ban Treaty Organization (hereinafter referred to as "the Commission") for the purpose of carrying out the necessary preparations for the effective implementation of the Comprehensive Nuclear Test-Ban Treaty, and for preparing for the first session of the Conference of the States Parties to that Treaty.

2. The Secretary-General of the United Nations shall convene the Commission for its first session as soon as possible, but not later than 60 days after the Treaty has been signed by 50 States.

3. The seat of the Commission shall be at the seat of the future Comprehensive Nuclear Test-Ban Treaty Organization.

4. The Commission shall be composed of all States which sign the Treaty. Each State Signatory shall have one representative in the Commission, who may be accompanied by alternates and advisers.

5. (a) The costs of the Commission and its activities, including those of the provisional Technical Secretariat, shall be met annually by all States Signatories, in accordance with the United Nations scale of assessment adjusted to take into account differences between the United Nations membership and States Signatories and timing of signature. The Commission and the provisional Technical Secretariat may also benefit from voluntary contributions;

(b) A State Signatory which has not discharged in full its financial obligations to the Commission within 365 days of receipt of the request for payment shall have no vote in the Commission, until such payment is received. The Commission may, nevertheless, permit such a member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the member;

(c) The Commission shall, between the time the Treaty is opened for signature and the conclusion of the initial session of the Conference of the States Parties, use funds provided by the States Signatories to meet the necessary costs arising from its functions and purposes, including the capital investments and operating and maintenance costs to establish and, pending their formal commissioning, to operate provisionally as necessary the International Data Centre and the International Monitoring System networks provided for in the Treaty. The funding by the Commission shall be regulated in accordance with the provisions of the Comprehensive Nuclear Test-Ban Treaty, adjusted to take into account the organizational differences between the Comprehensive Nuclear Test-Ban Treaty Organization and the Commission. The Preparatory Commission shall develop the funding procedures in cases not covered by the Treaty.

6. All decisions of the Commission should be taken by consensus. If, notwithstanding the efforts of representatives to achieve consensus, an issue comes up for voting, the Chairman of the Commission shall defer the vote for 24 hours and during this period of deferment shall make every effort to facilitate achievement of consensus, and shall report to the Commission before the end of the period. If consensus is not possible at the end of 24 hours, the Commission shall take decisions on questions of procedure by a simple majority of the members present and voting. Decisions on matters of substance shall be taken by a two-thirds majority of the members present and voting. When the issue arises as to whether the question is one of substance or not, that question shall be treated as a matter of substance unless otherwise decided by the commission by the majority required for decisions on matters of substance.

7. The Commission shall have standing as an international organization, authority to negotiate and enter into agreements, and such other legal capacity as necessary for the exercise of its functions and the fulfilment of its purposes.

8. The Commission shall:

    (a) Elect its Chairman and other officers, adopt its rules of procedure, meet as often as necessary and establish such committees as it deems useful;

    (b) Appoint its Executive Secretary;

    (c) Establish a provisional Technical Secretariat to assist the Commission in its activity and to exercise such functions as the Commission may determine, and appoint the necessary staff in accordance with the principles established for the staff of the Technical Secretariat pursuant to Article II, paragraph 50, of the Treaty. Only nationals of States Signatories shall be appointed to the provisional Technical Secretariat;

    (d) Establish administrative and financial regulations in respect of its own expenditure and accounts, providing for, inter alia:

      (i) Proper financial control and accounting by the Commission;

      (ii) Preparation and approval of periodic financial statements by the Commission;

      (iii) Independent audit of the Commission's financial statements;

      (iv) Annual presentation of the audited financial statements to a regular session of the plenary of the States Signatories for formal acceptance.

9. The Commission shall make arrangements for the initial session of the Conference of the States Parties, including the preparation of a draft agenda and draft rules of procedure.

10. The Commission shall undertake, inter alia, the following tasks concerning the organization and work of the Technical Secretariat and requiring immediate attention after the entry into force of the Treaty:

    (a) Elaboration of a detailed staffing pattern of the Technical Secretariat, including delegation of authority and the process of decision-making;

    (b) Assessments of personnel requirements;

    (c) Development of staff rules for recruitment and service conditions;

    (d) Recruitment and training of technical personnel and support staff;

    (e) Organization of office and administrative services.

11. The Commission shall undertake, inter alia, the following tasks on matters of the Organization requiring immediate attention after the entry into force of the Treaty:

    (a) Preparation of program of work and budget of the first year of activities of the Organization;

    (b) Preparation of detailed budgetary provisions for the Organization;

    (c) Preparation of the scale of financial contributions to the Organization;

    (d) Preparation of administrative and financial regulations for the Organization providing for, inter alia:

      (i) Proper financial control and accounting by the Organization;

      (ii) Preparation and approval of periodic financial statements by the Organization;

      (iii) Independent audit of the Organization's financial statements;

      (iv) Annual presentation of the audited financial statements to a regular session of the Conference of the States Parties for formal acceptance;

    (e) Development of arrangements to facilitate the designation and election in accordance with Article II, paragraph 29 of the Treaty for the first election of the Executive Council.

12. The Commission shall develop, inter alia, the following draft agreements, arrangements and guidelines for approval by the Conference of the States Parties in accordance with the Treaty and Protocol:

    (a) Standard model agreements or arrangements, where relevant, to be concluded by the future Organization with States Parties, other States and international organizations;

    (b) Agreements or arrangements negotiated in accordance with the above models by the provisional Technical Secretariat with relevant States, in particular with those prospectively hosting or otherwise taking responsibility for International Monitoring System facilities;

    (c) The Headquarters Agreement with the Host Country pursuant to Article II, paragraph 56, of the Treaty.

13. The Commission shall undertake all necessary preparations to ensure the operationalization of the Treaty's verification regime at entry into force, pursuant to Article IV, paragraph 1, and shall develop appropriate procedures for its operation, presenting a report on the operational readiness of the regime, together with any relevant recommendations, to the initial session of the Conference of the States Parties.

14. The Commission shall supervise and coordinate, in fulfilling the requirements of the Treaty and its Protocol, the development, preparation, technical testing and, pending their formal commissioning, provisional operation as necessary of the International Data Centre and the International Monitoring System, together with assuring appropriate support of the System by certified laboratory facilities and by respective means of communication. Inter alia, the Commission shall:

    (a) At its second plenary session, taking into consideration all relevant reports, including those prepared in the course of the CTBT negotiation and by the Conference on Disarmament's Group of Scientific Experts:

      (i) Establish an initial plan for the progressive commissioning of the International Data Centre and the International Monitoring System, and for the implementation of related responsibilities;

      (ii) Assume responsibility for relevant technical tests, including the work begun under the Group of Scientific Experts' Technical Test 3, and for the development and management of any arrangements required to provide an uninterrupted transition from such technical tests to the future International Monitoring System;

      (iii) Constitute appropriate structures for the regular provision to the Commission of expert and integrated technical advice on monitoring, data communications and analysis issues, and for technical supervision of International Monitoring System and International Data Centre implementation;

    (b) Develop in accordance with the Treaty and Protocol, and prepare for adoption by the initial session of the Conference of the States Parties, operational manuals for:

      (i) Seismological Monitoring;

      (ii) Radionuclide Monitoring;

      (iii) Hydroacoustic Monitoring;

      (iv) Infrasound Monitoring; and

      (v) The International Data Centre.

15. The Commission shall make all necessary preparations, in fulfilling the requirements of the Treaty and its Protocol, for the support of on-site inspections from the entry into force of the Treaty. It shall, inter alia:

    (a) Develop and prepare for the approval of the initial session of the Conference of the States Parties:

      (i) An operational manual containing all appropriate legal, technical and administrative procedures; and

      (ii) A list of equipment for use during on-site inspections;

    (b) Develop a programme for the training of inspectors; and

    (c) Acquire or otherwise make provision for the availability of relevant inspection equipment, including communications equipment, and conduct technical tests of such equipment as necessary.

16. The Commission shall develop guidelines and reporting formats for the implementation of confidence-building measures.

17. An indicative list of verification tasks to be carried out by the Preparatory Commission, as specified in paragraphs 12 to 16, is attached as the appendix to the present text.

18. The Commission shall:

    (a) Facilitate the exchange of information between States Signatories concerning legal and administrative measures for the implementation of the Treaty and, if requested by States Signatories, give advice and assistance to them on these matters;

    (b) Follow the ratification process and, if requested by States Signatories, provide them with legal and technical information and advice about the Treaty in order to facilitate its ratification process; and

    (c) Prepare such studies, reports and records as it deems necessary.

19. The Commission shall prepare a final report on all matters within its mandate for the first session of the Conference of the States Parties.

20. Rights and assets, financial and other obligations and functions of the Commission shall be transferred to the Organization at the first session of the Conference of the States Parties. The Commission shall make recommendations to the Conference of the States Parties on this matter, including on effecting a smooth transition.

21. The Commission shall remain in existence until the conclusion of the first session of the Conference of the States Parties.

22. The Commission as an international organization, its staff, as well as the delegates of the States Signatories shall be accorded by the Host Country such legal status, privileges and immunities as are necessary for the independent exercise of their functions in connection with the Commission and the fulfilment of its object and purpose.