The Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, often referred to as the biological and toxin weapons convention, BTWC, was opened for signature on 10 April 1972 and entered into force on 26 March 1975. Ireland is a state party to the convention.
Ireland has legislation currently in place that regulates the use of biological materials in conformity with the provisions of the convention. This legislation includes the Control of Exports Act 1983, the Control of Exports Order 2000, the Importation of Pathogenic Agents Order 1997 and the Safety, Health and Welfare at Work (Biological Agents) Regulations 1994, as amended in 1998. In addition, the export of biological toxins is covered by European Community dual-use export legislation and domestic law which controls the export of military goods.
The issue of national implementation of the BTWC forms part of the current BTWC programme of work, which will conclude at the 2006 review conference of the BTWC. It was decided at the 2003 meeting of state parties that state parties should, where necessary, enact or update national legal measures.
In line with this programme of work, this Department has recently examined whether the existing legislation has the effect of satisfying all requirements of the convention. Our conclusion is that some further legislative action may be required to fully meet the provisions of Article IV of the convention, which requires states parties of the convention to take "any necessary measures to prohibit and prevent the development, production, stockpiling, acquisition, or retention of the agents, toxins, weapons, equipment and means of delivery specified in Article I of the Convention, within the territory of such State, under its jurisdiction or under its control anywhere". Consultations with the relevant Departments have been initiated with a view to identifying the appropriate Department to sponsor such legislation.