21 FEBRUARY 2006. - An Act to Accredit the Convention on the Marking of Plastic Explosives for the Purpose of Detection, made in Montreal on 1^er March 1991 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. Convention on the Marking of Plastic Explosives for the Purpose of Detection, done in Montreal on 1^er March 1991, will come out its full effect.
The amendment to the technical annex to the Convention, adopted pursuant to Article VII, 3, of the Convention, which entered into force on 27 March 2002, will come out its full and full effect.
The amendments to the technical annex to the Convention, which will be adopted pursuant to Article VII, 3, of the Convention, without Belgium opposing their adoption, will come out their full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 21 February 2006.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
The Minister of the Interior,
P.DEWAEL
Minister of Defence,
A.FLAHAUT
Minister of Economy and Foreign Trade,
Mr. VERWILGHEN
Minister of Mobility,
R. LANDUYT
Seal of the State Seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2005-2006:
Senate:
Documents. - Bill tabled on 11 October 2005, No. 3-1373/1. - Report, no. 3-1373/2.
Annales parliamentarians. - Discussion. Meeting of 24 November 2005. - Vote. Meeting of 24 November 2005.
House of Representatives:
Documents. - Project transmitted by the Senate, No. 51-2121/1. - Text adopted in plenary and subject to Royal Assent, No. 51-2121/2.
Annales parliamentarians. - Discussion. Session of January 12, 2006. - Vote. Session of January 12, 2006.
(2) Flemish Region Decree of 7 July 2006 (Belgian Monitor of 30 August 2006); Decree of the Walloon Region of 18 January 2007 (Moniteur belge of 2 February 2007); Order of the Brussels-Capital Region of 20 July 2005 (Belgian Monitor of 2 September 2005).

Convention on the Marking of Plastic Explosives for the Purpose of Detection
The States parties to this Convention,
Recognizing the impact of terrorist acts on global security,
Expressing deep concern at terrorist acts aimed at the total destruction of aircraft, other means of transportation and other targets,
Concerned that plastic and sheet explosives have been used to carry out such acts of terrorism,
Recognizing that the marking of explosives for detection would greatly contribute to the prevention of such illicit acts,
Acknowledging that in order to prevent these unlawful acts, an urgent need to establish an international instrument requiring States to adopt measures to ensure that plastic and sheet explosives are duly marked,
Considering UN Security Council Resolution 635 of 14 June 1989, as well as UN General Assembly Resolution 44/29 of 4 December 1989 urging the International Civil Aviation Organization to intensify its work in developing an international regime for the marking of plastic or sheet explosives for the purpose of detection,
Taking into account Resolution A27-8 unanimously adopted by the Assembly (27)^e session) of the International Civil Aviation Organization, which, by assigning it the highest priority, approved the preparation of a new international instrument concerning the marking of plastic or sheet explosives for detection purposes,
Noting with satisfaction the role played by the Council of the International Civil Aviation Organization in the preparation of the convention and its willingness to assume the functions related to the implementation of this convention,
The following provisions were agreed:
Article I^er
For the purposes of this Convention:
1. "Explosives" means explosives commonly referred to as "plastic explosives", including explosives as flexible or elastic sheet, which are described in the technical annex to this Convention.
2. "Detection Officer" means a substance described in the Technical Annex to this Convention that is added to an explosive to make it detectable.
3. By "marking" means the addition to an explosive of a detection agent in accordance with the Technical Annex to this Convention.
4. By "production", we must hear any process, including reprocessing, which leads to the production of explosives.
5. The "duly authorized military equipment" includes, without the exhaustive list, shells, bombs, projectiles, mines, missiles, rockets, hollow loads, grenades and perforators manufactured exclusively for military or police purposes in accordance with the laws and regulations of the State party concerned.
6. By "producing state", one must hear any state in which explosives are manufactured.
Article II
Any State Party shall take the necessary and effective measures to prohibit and prevent the manufacture of unmarked explosives in its territory.
Article III
1. Any State Party shall take the necessary and effective measures to prohibit and prevent the entry into its territory or the exit of its territory of unmarked explosives.
2. The preceding paragraph does not apply to travel, for purposes not contrary to the purposes of this Convention, by the authorities of a State Party exercising military or police functions, of unmarked explosives on which that State Party exercises control in accordance with paragraph 1^er Article IV.
Article IV
1. Any State Party shall take the necessary measures to exercise strict and effective control over the detention and exchange of unmarked explosives that have been manufactured or brought into its territory before the entry into force of this Convention with respect to that State, to prevent them from being diverted or used for purposes contrary to the purposes of this Convention.
2. Any State Party shall take the necessary measures to ensure that all stockpiles of explosives referred to in paragraph 1^er of this article, which is not held by its authorities exercising military or police functions, shall be destroyed or used for purposes not contrary to the purposes of this Convention, marked or rendered permanently harmless, within three years from the entry into force of this Convention with respect to that State.
3. Any State Party shall take the necessary measures to ensure that all stockpiles of explosives referred to in paragraph 1^er of this article, which is held by its authorities exercising military or police functions and which are not incorporated as an integral part in duly authorized military equipment, shall be destroyed or used for purposes not contrary to the objectives of this Convention, marked or made permanently harmless, within a period of fifteen years from the entry into force of this Convention with respect to that State.
4. Any State Party shall take the necessary measures to ensure the destruction, as soon as possible, of unmarked explosives that may be discovered therein and which are not covered by the provisions of the preceding paragraphs of this article, other than the stocks of unmarked explosives held by its authorities exercising military or police functions and incorporated as an integral part in military equipment duly authorized on the date of the entry into force of this Convention.
5. Any State Party shall take the necessary measures to exercise strict and effective control over the detention and exchange of explosives referred to in paragraph II of 1^re Part of the Technical Annex to this Convention to prevent their diversion or use for purposes contrary to the objectives of this Convention.
6. Any State Party shall take the necessary measures to ensure the destruction, as soon as possible, of unmarked explosives manufactured since the entry into force of this Convention in respect of that State and which have not been incorporated in the manner specified in paragraph (d) of paragraph II of 1^re Part of the technical annex to this Convention, and unmarked explosives that no longer fall under any other paragraph of that paragraph.
Article V
1. It is established by this Convention an International Technical Commission on Explosives (hereinafter referred to as "the commission"), composed of at least fifteen members and not more than nineteen members appointed by the Council of the International Civil Aviation Organization (hereinafter referred to as "the Council") among persons proposed by the States parties to this Convention.
2. Members of the commission are experts with direct and substantial experience in the areas of the manufacture or detection of explosives, or research on explosives.
3. Members of the commission shall be appointed for a period of three years and may be reappointed.
4. The sessions of the Commission shall be convened at least once a year at the headquarters of the International Civil Aviation Organization or at the places and dates fixed or approved by the Council.
5. The Commission shall adopt its rules of procedure, subject to the approval of the Commission.
Article VI
1. The commission assesses the technical evolution of the manufacture, marking and detection of explosives.
2. The Commission, through the Council, communicates its findings to States parties and interested international organizations.
3. If necessary, the Commission shall submit to the Council recommendations concerning amendments to the Technical Annex to this Convention. The Commission strives to make its decisions on these recommendations by consensus. In the absence of consensus, these decisions are taken by a two-thirds majority of the members of the Commission.
4. The Council may, on the recommendation of the Commission, propose to the States parties amendments to the Technical Annex to this Convention.
Article VII
1. Any State Party may, within ninety days after the date of notification of a proposal to amend the Technical Annex to this Convention, provide its observations to the Council. The Commission shall transmit these comments as soon as possible to the Commission for its consideration. The Council invites any State Party that makes comments or objections to the proposed amendment to consult the Commission.
2. The Committee shall examine the views of States parties expressed in accordance with the preceding paragraph and report to the Council. The Council, after consideration of the report of the Commission, and taking into account the nature of the amendment and the observations of the States parties, including the producing States, may propose the amendment to the adoption of all States parties.
3. If the proposed amendment has not been rejected by five or more States parties by written notification addressed to the Council within ninety days after the date of notification of the amendment by the Council, it shall be deemed to have been adopted and shall enter into force one hundred and eighty days later or after any other period provided for in the proposed amendment for States parties that have not expressly rejected it.
4. States parties that have expressly rejected the proposed amendment may then, by depositing an instrument of acceptance or approval, express their consent in such a way as to be bound by the provisions of the amendment.
5. If five or more States parties oppose the proposed amendment, the Commission shall refer it to the Commission for further consideration.
6. If the proposed amendment has not been adopted in accordance with paragraph 3 of this article, the Council may also convene a conference of all States parties.
Article VIII
1. States Parties shall provide the Council, where possible, information that would assist the commission in performing its functions under paragraph 1^er Article VI.
2. States parties shall keep the Council informed of the measures they have taken to implement the provisions of this Convention. The Council shall communicate this information to all States parties and interested international organizations.
Article IX
The Council, in cooperation with the States parties and interested international organizations, shall take appropriate measures to facilitate the implementation of this Convention, including the provision of technical assistance and measures to exchange information on the technical evolution of the marking and detection of explosives.
Article X
The technical annex to this Convention is an integral part of it.
Article XI
1. Any dispute between the States parties concerning the interpretation or application of this Agreement which cannot be settled by negotiation shall be subject to arbitration at the request of one of them. If, within six months after the date of the application for arbitration, the Parties fail to agree on the organization of the arbitration, any of them may submit the dispute to the International Court of Justice, by filing a request in accordance with the Statute of the Court.
2. Each State Party may, at the time of signing, ratifying, accepting, approving or acceding to this Convention, declare that it does not consider itself bound by the provisions of the preceding paragraph. The other States parties shall not be bound by such provisions to any State Party which has formulated such a reservation.
3. Any State Party that has made a reservation in accordance with the provisions of the preceding paragraph may at any time withdraw this reservation by a notification addressed to the depositary.
Article XII
Except as provided for in Article XI, no reservation may be made to this Convention.
Article XIII
1. This Convention will be opened on 1^er March 1991 in Montreal for the signature of the States participating in the International Air Law Conference held in Montreal from February 12 to February 1^er March 1991. After 1^er March 1991, it will be open for signature by all States at the headquarters of the International Civil Aviation Organization until it comes into force in accordance with paragraph 3 of this article. Any State that has not signed the Convention may accede to it at any time.
2. This Convention shall be subject to the ratification, acceptance, approval or accession of States. Instruments of ratification, acceptance, approval or accession shall be deposited with the International Civil Aviation Organization, which is hereby designated as depositary. By depositing its instrument of ratification, acceptance, approval or accession, each State declares whether or not it is a producer State.
3. This Agreement shall enter into force on the sixtieth day after the date of deposit of the thirty-fifth instrument of ratification, acceptance, approval or accession with the depositary, provided that at least five of these States have declared in accordance with paragraph 2 of this Article that they are producing States. If thirty-five instruments of ratification are deposited before the deposit of their instruments by five producer States, this Agreement shall enter into force on the sixtieth day following the date of the deposit of the instrument of ratification, acceptance, approval or accession of the fifth producer State.
4. For other States, this Agreement shall enter into force sixty days after the date of deposit of their instruments of ratification, acceptance, approval or accession.
5. Upon entry into force, this Convention shall be registered by the depositary in accordance with the provisions of Article 102 of the Charter of the United Nations and in accordance with the provisions of Article 83 of the Convention on International Civil Aviation (Chicago, 1944).
Article XIV
The depositary shall promptly notify all signatories and States parties:
1. each signature of this Agreement and the date of signature;
2. each deposit of an instrument of ratification, acceptance, approval or accession, as well as the date of deposit, expressly indicating whether the State has declared itself to be a producer State;
3. the effective date of this Agreement;
4. the effective date of any amendment to this Convention or its Technical Annex;
5. any denunciation made under section XV;
6. any statement made under section XI, paragraph 2.
Article XV
1. Any State Party may denounce this Convention by means of a written notification addressed to the depositary.
2. The denunciation shall take effect one hundred and eighty days after the date on which the notification was received by the depositary.
In faith, undersigned Plenipotentiaries, duly authorized, have signed this Agreement.
Done in Montreal, on the first day of March of the year nine hundred and ninety-one, in an original copy comprising five texts being equally authoritative written in the French, English, Spanish, Russian and Arabic languages.
Technical Annex
1^re PART
DESCRIPTION OF EXPLOSIVES
I. The explosives referred to in paragraph 1 of Article I of this Convention shall be those that:
(a) are composed of one or more powerful explosives which, in their pure form, have a vapour pressure of less than 10-4 Pa at the temperature of 25 C,
(b) in their formulation, include a binder, and
(c) are, once mixed, malleable or flexible at normal indoor temperature.
II. The following explosives, even if they respond to the description of the explosives given in paragraph I of this Part, are not considered explosives until they continue to be held or used for the purposes mentioned below or remain incorporated in the manner indicated, namely, explosives that:
(a) are manufactured, or detained, in limited quantities only for the purpose of duly authorized research, development or testing of new or modified explosives;
(b) are manufactured, or detained, in limited quantities only for the purpose of duly authorized explosive detection training and/or the development or testing of explosive detection equipment;
(c) are manufactured or detained in limited quantities for laboratory only for duly authorized purposes of judicial sciences; or
(d) are intended to be incorporated or incorporated as an integral part in duly authorized military equipment in the territory of the State of manufacture within three years after the entry into force of this Convention with respect to the said State. The equipment produced during this three-year period shall be considered to be military equipment duly authorized under Article IV, paragraph 4, of this Convention.
III. In this Part:
by the expression "duly authorized" used in paragraphs (a), (b) and (c) of paragraph II, it shall be understood as permitted by the legislative and regulatory provisions of the State party concerned;
The term "powerful explosives" includes cyclotetramethylene tetranitramine (octogenic, HMX), pentaérythritol tetranitrate (penthrite, PETN) and cyclotrimethylene-trinitramine (hexogen, RDX).
2^e PART
DETECTION
A detection agent is one of the substances listed in the table below. The detection agents described in the table below are intended to be used to make explosives more detectable by vapour detection. In each case, the introduction of a detection agent into an explosive is done to achieve a homogeneous distribution in the finished product. The minimum concentration of a detection agent in the finished product at the time of manufacture is that indicated in the table.

For the consultation of the table, see image

Any explosive that, by its natural composition, contains one of the designated detection agents at a concentration equal to or greater than the minimum concentration required, is considered to be marked.
AMENDMENT ÷ TECHNICAL ANNEX OF THE CONVENTION
In accordance with Article VII, 3 of the Convention, the following amendment to the Technical Annex to the Convention entered into force on 27 March 2002:
Delete from the list of detection agents "ortho-Mononitrotoluene (o-MNT)" from the table in the Technical Annex to the Convention.
DECLARATION
"In accordance with Article XIII, paragraph 3, of the Convention, the Kingdom of Belgium declares that it is a non-producing country. »

Convention on the Marking of Plastic Explosives for the Purpose of Detection, done in Montreal on 1^er March 1991

For the consultation of the table, see image