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ANNEX

1.   Background

In February 2014, Libya completed the destruction of Category 1 chemical weapons (CW) at the Ruwagha facility, Al Jufra province. The destruction process resulted in the filling of 24 transport containers with toxic waste and the filling of three containers with brine solutions. In 2016, Libya was able to decant Category 2 Chemical Weapons (precursors), which were stored in 45 deteriorating tanks, into new International Standards Organisation (ISO) containers. In accordance with an OPCW Executive Council decision (EC-M-52/DEC.2, dated 27 July, 2016), the new ISO containers were transported to the Misrata Harbour for shipment to Germany for disposal at a specialised facility. During the decanting, one tank experienced an exothermic reaction. Due to the unknown nature and high viscosity of the material remaining in the tank, German authorities could not consent to accept the tank for destruction. The original 45 decanted tanks are still stored at the Ruwagha facility. These tanks are in various states of decay, and many still contain remnants of the chemicals that are clinging to the walls or that were unable to be completely pumped. In addition, approximately 350 tons of effluents from the hydrolysis of HD (distilled sulphur mustard) are also stored at the Ruwagha site. Many of the containers are believed to have been filled with reaction mass containing highly acidic and hazardous chemicals that had not been stabilised. Several of the containers are leaking and corroded and require additional treatment for proper disposal.

In the report of its 83rd Session (dated 11 November 2016), the OPCW Executive Council requested the OPCW Technical Secretariat to take samples when the security situation in Libya allowed, but the security situation has not allowed this to happen to date. A sampling of the area could be adapted to the security situation through a live video feed.

In its Decision EC-M-53/DEC.1, dated 26 August 2016, the OPCW Executive Council -- in operative paragraph 2, where it was welcoming voluntary financial contributions and pledges from a variety of States Parties in support of destruction operations -- acknowledged that the European Union, pending approval within the Union, had notified the Technical Secretariat of its intent to provide funding for the destruction of the remaining decanted tanks and environmental clean-up at Ruwagha. The Union's attention to this timely issue will allow Libya to divest itself fully from the past chemical weapons programmes in an environmentally appropriate manner, thus highlighting the Union's contribution to the region with both short and long term effects.

2.   Overall Objectives

The overall objective of the Action is to contribute to the elimination and complete destruction of chemical weapons stockpile in Libya.

The specific objectives are as follows:

3.   Description of activities

The OPCW Technical Secretariat will provide assistance to the Libyan National Authority, which will hold the end-responsibility for the full completion of clean-up operations.

The OPCW Technical Secretariat will establish a Contribution Agreement with the United Nations Office of Project Services (UNOPS) to hire a Libyan expert company to implement the project and to provide payment to the Libyan firm. The OPCW, in partnership with the Libyan National Authority, will oversee and validate the work being performed.

Activity 1: Coordination meetings between the OPCW Technical Secretariat, Libyan National Authority, Consultants and experts as well as technical visits

Planned activities are as follows:

Timeline: throughout the duration of the project.

Activity 2: Contracting of Services

Planned activities are as follows:

Timeline: Months 1 through 6 of the project.

Activity 3: Technical and Sampling Training for Libyan National Authority

Planned activities are as follows:

Timeline: Months 1 through 3 of the project.

Activity 4: Rental and procurement of equipment and materials, including replacement, maintenance and repair cost

Rental and procurement of equipment in support of building of the evaporation lagoons. All efforts will be made to rent equipment to the extent possible, rather than take title to it; however some equipment will be considered contaminated and not returnable. As such, at the conclusion of the project, title to that equipment will vest with the Libyan National Authority, which will retain the equipment. Chemicals for the neutralisation process as well as piping and tubing will be a part of the consumables of the project. All equipment needed for the major construction; e.g. cranes, bulldozers, forklifts, will be rented.

Procurement and rental of equipment and materials from Libyan companies will be conducted by UNOPS. However, some items, dependent upon expediency and cost, may be procured by the OPCW.

Timeline: throughout the duration of the project, as and when equipment and services are required.

Activity 5: Procurement of Protective equipment and detection systems as well as medical supplies and support

Personnel protective equipment (PPE) is required for use around hazardous chemicals. It is expected that all PPE will be contaminated and must be destroyed in country. Unused equipment will become the property of the Libyan National Authority to the Chemical Weapons Convention.

Procurement of the equipment and materials will be specified between OPCW and UNOPS.

Timeline: throughout the duration of the project.

Activity 6: Project Implementation

The OPCW Technical Secretariat will provide program management oversight; this is to include development of milestones, internal reviews, oversight of contractual agreements, and financial management. Funds will not be released by UNOPS to Libyan firms until the Libyan National Authority confirms in writing to the OPCW program manager that the work has been completed to its satisfaction. Anticipated activities include:

Timeline: throughout the duration of the project.

4.   Indicative Action Plan

The activities to be implemented in this Action will consist of a preparatory phase followed by three operational phases.

Preparatory Phase:

An expert company will be hired to provide training to the Libyan National Authority on sampling and to provide technical advice and support throughout the duration of the project. A Contribution Agreement will be established between the OPCW and UNOPS for the hiring of local companies for the design of an evaporation lagoon, for the provision of medical emergency support, for the procurement and rental of the required goods and for execution of the clean-up work.

Phase 1:

The soil around the leaking containers will be sampled with real time video monitoring. This will include a live feed to the operations centre for OPCW inspectors to monitor the sample collection, and packaging. The containers that were previously decanted prior to shipment of the chemicals will be rinsed with decontaminant and water, followed by shipment of the empty containers to a smelter for destruction. The rinsing water will be collected in containers already available on-site while awaiting the construction of the evaporation lagoon.

Phase 2:

Two evaporation lagoons will be designed and built for receiving of the material collected from Phase 1 and the previously neutralised contents of Tank 24 for natural evaporation of water and land burial of non-hazardous salts. The tanks used for neutralisation of the content of the 24 contaminated tanks will be transported to a smelter for destruction.

Phase 3:

Approximately 350 tons of effluent from the hydrolysis of HD (distilled sulphur mustard) currently stored at the Ruwagha site will be analysed and treated as necessary, and then pumped into the lagoons for neutralization, stabilization, evaporation and land burial.

5.   Expected results

The expected results of the Action are as follows:

▼M1

6.   Estimated duration

The duration of the project is envisaged to be 32 months.

▼B

7.   Union Visibility

Visibility of EU Funding at OPCW events or meetings: the financial support of the European Union will be acknowledged in reports of the OPCW Director-General and of the Executive Council referring to activities in Libya. An EU flag will be displayed on all project documentation.

Visibility of EU Funding on equipment: the OPCW will request the Libyan National Authority to display appropriate acknowledgement on all equipment purchased using EU funds that is not consumable, including the display of the EU logo. The OPCW will also request the UNOPS to apply such provisions regarding visibility of the financial support of the European Union. Where such display could jeopardise the OPCW privileges and immunities or the safety of the Organisation's staff or of the final beneficiaries, appropriate alternative arrangements will be made.

8.   Steering Committee

The Steering Committee for this project will be composed of representatives of the EEAS and of the OPCW. The Steering Committee will review the implementation of this Decision regularly, at least once every 6 months, including by the use of electronic means of communication.

9.   Reporting

The OPCW will provide a narrative progress report every six months to review progress towards the completion of project results. The OPCW will submit a final narrative and financial report within six months of the end of the implementation period.