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At the same time, peaceful uses of the biosciences are regarded as a legitimate undertaking. According to BWC 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. (emphasis added) This so-called general-purpose criterion not only makes it clear that peaceful uses of the biosciences are legitimate undertakings for states parties to the BWC, but also allows the use of pathogenic organisms or toxins in quantities and for purposes other than use as weapons.

Science, Technology and the CW Prohibition Regime 31 During the early phase of CWC implementation it became evident that most transfers of Schedule 1 chemicals among states parties concerned only minute quantities. This led to vast discrepancies in the amounts declared by supplying and receiving states, which in turn resulted in irreconcilable material balances with which the OPCW found itself confronted. Many of the transfers concerned saxitoxin, which is contained in milligram-amounts in ready-packaged kits for the detection of shellfish-poisoning.

4 To make control efforts even more complicated, the material, technologies, and know-how needed for offensive military BW programmes or the pursuit of terrorist BW attacks are of a so-called dual-use character. Not only can they be used for offensive purposes, but many of the ‘ingredients’ of a BW programme have perfectly legitimate applications. Thus, it cannot be deduced from the mere presence of a seed culture of a particular pathogen or a specific type Science, Technology and the BW Prohibition Regime 37 of equipment that a state pursues an offensive BW programme.

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